Medical Malpractice Attorneys

A majority of people trust that doctors and other medical professionals will treat them with the care they need. Unfortunately, serious mistakes can occur in almost any type of health-care setting.

Medical malpractice lawyers must prove that the doctor breached his or her duty of care, and that this breach caused your injury. Special damages may be awarded to compensate you for out-of-pocket expenses, for example, lost wages.

Incorrect diagnosis

In a perfect world doctors would be able diagnose accurately any health issues that patients may have, and provide them with appropriate treatment plans. However, the truth is that doctors are people and they can make a few mistakes. If the mistakes result in a longer illness or complications, ineffective treatment or even death, they could be considered to be malpractice.

If you're suffering from misdiagnosis, the legal definition is as simple as "a inability to provide an accurate diagnosis in timely fashion." To be eligible for compensation, you must prove that your physician breached his or her obligation of care and this led to a more adverse medical outcome for you. A specialist misdiagnosis lawyer is able to assess whether you have an appropriate claim.

You will have to prove your case by demonstrating that a doctor with the same qualifications and skill set would have made the right diagnoses in a similar scenario. This is accomplished using the differential diagnosis. It involves identifying the possible illnesses that might cause your symptoms, and then testing each until a definitive diagnosis is determined.

You may be able to claim both general and special damages if you can prove your doctor ignored or failed to perform this procedure, or if he or ignored your symptoms. Special damages cover expenses out of pocket such as future and past medical expenses, lost earnings, cost of therapy, pharmacy costs and equipment purchase. General damages cover more tangible losses such as pain and discomfort loss of quality and life expectancy, and also a shorter life expectancy.

Inability to diagnose

Many serious medical conditions, like heart attacks, cancer, and appendicitis, can be treated if they are detected in the early stages. If medical professionals fail in the detection of these diseases they could cause serious injuries or even death.

If doctors fail in their duty to diagnose a patient, they are not performing their professional duties. They could be held accountable for negligence. A successful medical malpractice case rests on proving that the physician did not follow the accepted standard of care, causing physical harm to the patient. To do so, your attorney will use your medical documents and expert medical evidence to prove that the healthcare professional was unable to apply the same level of care as other professionals with comparable training and experience.

It is important to keep in mind that not all medical errors resulting in missed diagnoses are grounds for a lawsuit. Some conditions are very difficult to diagnose, especially if they're in the very early stages. It's crucial to visit a doctor as soon as possible when you begin to start to feel the symptoms of an illness. If you or someone you know was injured as a result of the inability to recognize a medical condition, seek out an experienced lawyer right away. Most medical malpractice cases end up in court, before going to trial. However, your Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.

Treatment Faults

We all know that medical professionals and doctors are human beings, and are likely to make mistakes. When those mistakes are serious however, and lead to injury or death, the patient or their family may make a claim for malpractice. Treatment mistakes could range from prescribing a wrong medication to leaving an instrument for surgery inside the body of a patient following surgery. A doctor might fail to monitor a patient and cause them to develop an illness that gets worse.

Doctors are required to keep detailed medical records of every patient they treat. The records must contain the patient's medical history, the medicines that the patient is using and any allergic reactions. Documentation errors are at the heart of numerous medical malpractice claims, and even a minor mistake such as placing an incorrect dosage on a prescription may cause serious harm to the patient.

In New York, it is the responsibility of the patient to prove the medical malpractice case. To prove that a medical provider violated their duty of caring, they must provide an expert witness who has the expertise and can demonstrate how they failed to meet the standards of care that are accepted. Parker Waichman's New York malpractice lawyers have an extensive knowledge of medicine and can scrutinize medical records to come up with solid theories.

Negligence

A medical professional can be guilty if they deviate from the norm of practice in causing harm to a patient. The standard of care is defined as the degree of expertise and prudence that a reasonably prudent health care provider would have exercised in similar circumstances. Your lawyer must establish that the negligence of the doctor led to your injuries and that the doctor violated the standard care.

It can be challenging to prove negligence in a case of malpractice since healthcare professionals are held to higher standards because they are trained every day to save lives. Humans are vulnerable to error, and the healthcare industry does not differ.

For instance in the event that a surgeon operates on the wrong side of the brain or accidentally uses an unrelated object during surgery, it's considered negligence and you could be entitled to compensation for your damages. If negligence led to the death of a loved one, family members could also be entitled to compensation.

Economic damages can include future and current medical expenses such as income loss or loss of consortium (companionship) as well as pain and suffering. A jury will weigh these elements when deciding on how much compensation you will receive for your losses. Your lawyer will use experts to establish your medical and non-economic damages. The experts will testify to the fact that the doctor did not fulfill his or her duty of care and this negligence directly contributed to your injuries.