Medical Malpractice AttorneysMany people believe that their doctors and other
medical malpractice law firm professionals will give them the care they need. Unfortunately, serious errors can occur in any kind of healthcare environment.
Medical malpractice attorneys must establish that a doctor breached his or their duty of care, and that the breach directly led to your injury. You could be entitled to specific damages that pay for your out-of pocket expenses including the loss of wages.
Incorrect diagnosis
In a perfect world doctors would be able to diagnose accurately any health issues that patients may be suffering from, and then provide them with appropriate treatment plans. Doctors are humans and are prone to making mistakes. If the mistakes result in a longer illness or complications, ineffective treatment or even death, they can be considered malpractice.
If you're suffering from misdiagnosis the legal definition of misdiagnosis is simple "a failure to render an accurate diagnosis in a timely manner." To be legally entitled to compensation, you need to prove that your doctor failed to fulfill his or her duty of care and that this resulted in a less favorable clinical outcome for you. A misdiagnosis lawyer is able to determine whether you have a valid case.
To prove your case for your case, you will need to demonstrate that a doctor who has the same skills and qualifications would have rendered the correct diagnosis in a similar circumstance. This is accomplished through differential diagnosis. This involves listing all diseases that may cause your symptoms, and then examining each in turn until a final diagnosis is made.
You may be able to claim both general and special damages if show that your doctor was not aware of or failed to perform this procedure or if he/she simply ignored your symptoms. Special damages are those that are not covered by insurance. They include expenses like past and future medical expenses lost earnings prescription fees and therapy costs, as well as equipment purchases, and other related expenses. General damages are more tangible damages, such as suffering and pain, loss of quality of life and a shortened life expectation.
Failure to Diagnose
A variety of serious medical conditions such as heart attacks, cancer, and appendicitis can be treated if detected early. If medical professionals aren't successful in diagnosing these conditions they can cause serious injuries or even death.
If doctors fail in their duty to diagnose a patient, they're not performing their duties as professional. They could be held responsible for malpractice. A successful medical malpractice claim rests on the fact that the doctor did not follow the accepted standard of treatment, causing physical harm to the patient. Your lawyer will make use of medical records and expert testimony to prove that the healthcare professional did not exercise the same level care as peers who have similar qualifications and experience.
It's important to note that not every medical mistake that leads to a missed diagnosis is grounds for an action. Some conditions are very difficult to recognize, especially when they're in their very early stages. It's crucial to visit your doctor as soon as possible when you begin to detect signs of illness. Contact an experienced attorney immediately if you or someone close to you has been injured due to a failure to identify. Most medical malpractice cases settle out of court, before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to ensure you receive fair compensation for your case.
Treatment Misses
We all know that medical staff and doctors are humans and are likely to make mistakes. If the mistakes are serious however, and lead to injury or death the patient or their family could bring a malpractice lawsuit. Treatment errors can range from prescribing the wrong medicine to putting an instrument into the body of a patient following surgery. A doctor might fail to follow up properly on patients and lead to an underlying condition that becomes worse.
Doctors are required to keep meticulous medical records for each patient they see, which includes medical history, a list of the medications that the patient takes, and any allergies that the patient may have. Documentation errors are the basis of many medical malpractice lawsuits, and even a minor error like placing an incorrect dosage on a prescription may result in serious consequences for a patient.
In New York, the burden of the burden of proof in a medical malpractice case is on the victim. To show that a medical professional has breached their duty of care in the course of their care, they must produce an expert witness with knowledge and can show how the defendant's actions were not in accordance with the accepted standard of care. This is the reason it's so important to have a New York malpractice lawyer from Parker Waichman who has a extensive knowledge of medicine and can review the medical records and develop solid theories about what happened.
Negligence
When a medical professional is deviating from the accepted standards of care, causing harm to the patient, he/she she may be found guilty of negligence. The standard of care is the level of expertise and prudence that a reasonably prudent healthcare provider would have employed under similar circumstances. Your attorney must establish that the doctor was in violation of the standard of care and that his negligence caused your injuries.
Negligence is often difficult to prove in a malpractice case because healthcare professionals are held to higher standards than average people due to the fact that they are trained to save lives on a regular basis. However, humans are prone to errors and the healthcare industry is no exception.
For instance, if a surgeon operates on the wrong side of the brain or is mistakenly using an object foreign to the surgery, it's considered negligence and you could be entitled to compensation for your injuries. If the negligence resulted in the death of a loved one, family members may also be entitled to compensation.
Economic damages can include the current and future medical costs as well as loss of income, loss of consortium (companionship) and pain and suffering. A jury will weigh these elements when deciding on how much they will award you for your losses. Your lawyer will call on expert witnesses to help in proving your medical and non-economic damages. Experts will testify that the doctor breached his or his duty of care and that the breach directly contributed to your injuries.