Medical Malpractice Attorneys

Many people believe that their doctors and other medical professionals will provide them with the care they need. However, serious mistakes are possible in any type of healthcare environment.

Medical malpractice lawyers must prove that a physician breached his or their duty of care and that the breach directly led to the injury you suffered. Special damages can be awarded to pay for expenses out of pocket, like lost wages.

Misdiagnosis

In a perfect world doctors could determine the cause of any health issues that patients might have and provide them with the proper treatment plans. However, the truth is that doctors are human and, at times, they make mistakes. And if those mistakes cause a prolonged illness, more complications or treatment that is ineffective, or even death, they can be viewed as medical malpractice lawsuit negligence.

A misdiagnosis can be defined by law as "failure to provide a valid diagnosis promptly." To be able to pursue damages, you need to prove that your doctor breached their duty of care, and that the result was worse clinical outcomes. A specialist misdiagnosis lawyer is able to determine whether you are entitled to a valid claim.

You will need to demonstrate that a doctor with the same qualifications and expertise would have made the right diagnosis in a similar situation. The process of proving this is known as differential diagnosis. This involves listing the possible illnesses that could cause your symptoms, and then evaluating each until a final diagnose is determined.

You can claim general and special damages if show that your doctor was not aware of or failed to perform this procedure, or if he or ignored your symptoms. Special damages cover out-of-pocket expenses like past and future medical bills, lost earnings, expenses for therapy, pharmacy fees and equipment costs. General damages include more intangible damages, such as the suffering of others loss of quality of life, and a decreased life expectancy.

Inability to recognize

A variety of serious medical conditions such as cancer, heart attacks and appendicitis can be treated if discovered early. If medical professionals fail in diagnosing these conditions they could cause serious injury or even death.

When doctors miss a diagnosis and fail to fulfill their professional obligations and could be held accountable for mistakes. A successful medical malpractice case rests on proving that the physician was not following the acceptable standard of care, causing physical injury to the patient. Your lawyer will rely on medical records and expert testimony to establish the healthcare professional did not perform the same standard of care as fellow professionals with similar experience and training.

It is important to keep in mind that not all medical errors that lead to missed diagnoses are cause for an action. Certain ailments are extremely difficult to identify, particularly when they're in the early stages. This is the reason it's so important to see a doctor whenever you detect any signs of an illness or disease. If you or someone you know was injured as a result of the inability to recognize the problem, consult an experienced lawyer right away. Most medical malpractice cases end up in court, before they go to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to get you fair compensation for your situation.

Treatment Faults

We all know that medical staff and doctors are also human and are likely to make mistakes. If those errors are grave however, and lead to injury or death, the patient or their family members could file a malpractice claim. Treatment errors include everything from prescribing the wrong drug to putting an instrument in the body of a patient following surgery. A doctor might fail to follow up properly on a patient and lead to an illness that gets worse.

Doctors are required to keep detailed medical records of every patient they treat. These records must include the medical history of the patient, the medications the patient is taking and any allergies. Documentation mistakes are the foundation of many medical malpractice cases and even a small mistake like putting an incorrect dosage on a prescription could have serious consequences for the patient.

In New York, the burden of proof in a medical malpractice case is on the victim. To show that a medical professional breached their duty to care to the patient, they must prove an expert witness with knowledge and can explain how they failed to meet the standards of care that are accepted. This is the reason it's so important to have a New York malpractice lawyer from Parker Waichman who has a an in-depth knowledge of medicine, and who can examine medical records and form solid theories about what happened.

Negligence

A medical professional can be guilty if they deviate from the accepted standard of care, causing harm to a patient. The standard of care is defined as the amount of skill and caution that a reasonable healthcare professional would have exercised in similar circumstances. Your attorney must demonstrate that negligence of the doctor caused your injuries and that the doctor breached the standard of care.

It can be difficult to prove in a malpractice claim because healthcare professionals are held to a higher standard than the average person due to the fact that they are trained to save lives on a daily basis. Humans are prone for error, and the healthcare industry does not differ.

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

Economic damages can be categorized as medical expenses now and in the future, loss of income (including loss of companionship) and pain and suffering. A jury will weigh these factors when deciding much to award you for your losses. Your lawyer will ask expert witnesses to help in proving your medical and non-economic damages. Experts will testify the doctor breached his or her duty of care, and that the breach directly contributed to your injuries.