Medical Malpractice Attorneys

Most people trust that their doctors and other medical professionals will treat them with the care they deserve. However, serious mistakes can occur in any type of healthcare setting.

Medical malpractice lawyers must prove that a doctor violated his or her duty of care and that this breach directly led to the injury you suffered. Special damages may be awarded to cover for out-of-pocket expenses, for example, lost wages.

The wrong diagnosis

In a perfect world, doctors would be able to precisely identify any health issues that patients may have and give them the appropriate treatment plans. However, the reality is that doctors are people and occasionally they make mistakes. If those errors result in a longer-lasting illness, more complications or treatment that is ineffective, or even death, they could be considered medical malpractice.

A misdiagnosis is defined in law as "failure to give a proper diagnosis promptly." To be able to pursue damages, you must prove that your doctor violated their duty of care, and that this resulted in an adverse clinical outcome. A misdiagnosis lawyer can assess whether you have a case that is valid.

You must prove your case by demonstrating that a doctor with the same qualifications and expertise would have made the right diagnoses in a similar scenario. This is accomplished using differential diagnosis. This involves listing all the disease processes that could cause your symptoms and then testing for each at a time until a final diagnosis is established.

You can recover both general and special damages if you are able to prove that your doctor medical malpractice did not or did not perform this procedure, or if he or she simply ignored your symptoms. Special damages refer to out-of-pocket expenses such as past or future medical malpractice attorney expenses, lost earnings as well as pharmacy fees therapies, costs for therapy, equipment purchases, and other related expenses. General damages include more intangible losses, such as pain and suffering loss of quality of life, and a shortened life duration.

Failure to Diagnose

Many serious medical conditions, such as heart attacks, cancer, and appendicitis can be treated if identified early. If medical professionals fail in the detection of these diseases they could cause serious injury or even death.

When doctors fail to diagnose the condition of a patient, they are not performing their professional duties. They could be held accountable for their mistakes. A successful medical malpractice case is based on the proof that the doctor's deviation from the accepted standard of care causing physical injury to the victim. Your lawyer will use medical documents and expert testimony to prove the healthcare professional didn't perform the same standard of care as peers who have similar qualifications and experience.

It's important to remember that not all medical errors that result in missed diagnoses are enough to warrant a lawsuit. Certain ailments are extremely difficult to diagnose, especially when they're in the early stages. It's crucial to visit your doctor as soon as possible when you begin to start to feel the symptoms of an illness. Contact a seasoned attorney immediately when you or someone close to you has suffered injury due to a lack of identify. Most medical malpractice cases settle out of court, medical malpractice before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to get you the right amount of compensation for your case.

Treatment Errors

We all know that doctors and medical staff are humans, and are likely to make mistakes. When the errors are serious and result in injury or death the patient or their family members could bring a malpractice lawsuit. Treatment mistakes could range from prescribing a incorrect medication to putting surgical instruments in the body of a patient after surgery. It is also possible that a doctor isn't following any changes in a patient's health and they suffer a deterioration of health issue as the result.

Doctors should keep meticulous medical records for each patient they treat. The records includes medical history, list of any medications the patient takes, and any allergies they suffer from. Documentation errors are the basis of many medical malpractice claims even a small mistake such as placing an incorrect dosage on a prescription may result in serious consequences for a patient.

In New York, it is the responsibility of the patient to prove a medical malpractice case. To prove that a medical professional violated their duty of caring and care, they must present an expert witness with expertise and can demonstrate how the defendant failed meet the standard of care accepted by all. Parker Waichman's New York malpractice lawyers have an in-depth understanding of medicine and are able to review medical records to formulate solid theories.

Negligence

If a medical professional departs from the standards of care and causes injury to the patient, he/she could be found guilty of malpractice. The standard of care refers to the level of competence and prudence the reasonably prudent healthcare professional would have applied under similar circumstances. Your lawyer must prove that the negligence of the doctor led to your injuries and that the doctor violated the standard of care.

It can be challenging to prove the negligence in a malpractice claim because healthcare professionals are held to higher standards due to the fact that they are trained daily to save lives. Humans are prone for error and the medical industry is no different.

If, for instance surgeons accidentally use a foreign object or operates on the wrong side, it is considered malpractice. You could be entitled to compensation for the harm you sustained. If the error resulted in a wrongful death, family members can also recover damages.

Economic damages may include current and future medical expenses such as income loss and loss of consortium (companionship), pain, and suffering. A jury will consider these factors in deciding how much they will award you for your losses. Your lawyer will ask expert witnesses to help in proving your non-economic and medical damages. Experts will testify the fact that the doctor violated his or duty of care and that this negligence directly caused your injuries.