Medical Malpractice Attorneys
Many people believe that their doctors and other medical professionals will provide them with the care that they deserve. Unfortunately, serious errors are possible in any type of healthcare setting.
Medical malpractice lawyers must prove that a physician violated his or their duty of care and that the breach directly led to your injury. Special damages may be awarded to reimburse you for any out-of-pocket expenses such as lost wages.
Undiagnosed
In a perfect universe, doctors would be able identify accurately any health issue that patients may face, and provide them with the correct treatment plans. Doctors are not perfect and have the potential to make mistakes. If those errors result in a longer-lasting illness, more complications or ineffective treatment, or even death, they could be considered medical malpractice.
When it comes to misdiagnosis the legal definition is as follows “a failure to provide a correct diagnosis in a prompt manner.” To be legally entitled to compensation, you must prove that your doctor did not fulfill their duty of care and that this resulted in a less favorable clinical outcome for you. A misdiagnosis lawyer can assess whether you have a valid case.
You will need to prove that a doctor with the same qualifications and skill set would have made a correct diagnoses in a similar scenario. This is accomplished by using the differential diagnosis. This is the process of listing all illnesses that may be causing your symptoms, and then examining each in turn until a final diagnosis is made.
You are able to recover both general and special damages if prove your doctor ignored or did not perform this procedure, or if he or did not even notice your symptoms. Special damages include out-of pocket costs such as past and future medical expenses as well as lost earnings and pharmacy charges therapies, costs for therapy, equipment purchases, and any other related expenses. General damages cover more tangible damages like discomfort and pain loss of quality and life, and a shorter life expectancy.
Inability to recognize
Many serious medical conditions, like heart attacks, cancer and appendicitis can be treated by recognizing them in the early stages. If medical professionals fail in diagnosing these conditions, they may cause serious injury or even death.
When doctors do not make a diagnosis and fail to fulfill their professional responsibilities and can be held liable for negligent conduct. A successful medical malpractice case rests on proving that the physician deviated from the acceptable standard of treatment, causing physical harm to the patient. Your lawyer will use medical records and expert testimony to establish the healthcare professional did not provide the same level of care as other healthcare professionals who have similar qualifications and experience.
It is important to keep in mind that not all medical errors that lead to missed diagnoses are grounds for a lawsuit. Some conditions can be difficult to recognize, especially when they’re in their very beginning stages. This is the reason it’s so important to see a doctor when you begin to notice any symptoms of an illness or disease. If you or someone you care about was injured as a result of an inability to diagnose, contact an experienced attorney right away. Generally, most medical malpractice cases are settled out of court prior to going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to get you fair compensation for your case.
Treatment Mistakes
We all know that medical professionals and doctors are human beings and are bound to make mistakes. If the mistakes are serious but result in injury or death the patient or their loved ones could file a malpractice claim. Treatment mistakes could range from prescribing a incorrect medication to putting an instrument for surgery inside a patient’s body after surgery. It is possible that a doctor fails to properly follow the condition of a patient and they end up with a more serious health issue as the result.
Doctors must keep detailed medical records for each patient they see, which includes medical history, a list of the medications that the patient is taking, as well as any allergies that the patient may have. Documentation mistakes are the foundation of many medical malpractice claims, and even a minor mistake like putting an incorrect dosage on a prescription may result in serious consequences for the patient.
In New York, the burden of proof in a medical malpractice case is on the victim. To prove that a medical professional breached their duty to care, they must provide an expert witness with knowledge and can explain how the defendant’s actions did not conform to the accepted standard of care. Parker Waichman’s New York malpractice lawyers have an in-depth understanding of medicine and can analyze medical records to form reliable theories.
Negligence
A medical professional could be found guilty if they deviate from the standard of practice and cause harm to a patient. The standard of care is defined as the degree of care and skill that a reasonably prudent medical professional would have exercised in similar circumstances. Your lawyer must prove that the doctor was in violation of the standard of care and that his or her negligence caused your injuries.
It is difficult to prove in a malpractice claim because healthcare professionals are held to a higher standard than the average person since they are trained to save lives on a regular basis. Humans are vulnerable to error and the medical industry does not differ.
For instance the case where a surgeon works on the wrong side of the brain, or in error, uses an object foreign to the surgery, it is considered malpractice and you may be entitled to compensation for the damages. If the negligence resulted in the death of a family member, the members can also claim damages.
Economic damages are based on future and current medical expenses, loss of income or loss of consortium (companionship) as well as pain and suffering. These elements will be taken into consideration by a jury when deciding the amount of damages you are entitled to. Your lawyer will rely on expert witnesses to demonstrate your medical and non-economic damages. The experts will prove that the doctor violated his or their duty of care and that this failure directly led to your injuries.
