Medical Malpractice Attorneys

Many people believe that their doctors and other medical professionals will give them the care they deserve. Unfortunately, serious mistakes are possible in any health-care setting.

Medical malpractice lawyers must demonstrate that the doctor breached his or duty of care, and that the breach led to your injury. Special damages can be awarded to compensate you for any out-of-pocket expenses such as lost wages.

Misdiagnosis

In a perfect world doctors could diagnose accurately any health issues that patients might have and provide them with most appropriate treatment plans. Doctors are not perfect and may make mistakes. And if the mistakes result in a more prolonged illness, additional complications, ineffective treatment, or even death, they could be deemed medical malpractice.

If you're suffering from misdiagnosis, the legal definition is as follows "a failure to render a correct diagnosis in a timely manner." To be eligible for compensation, you must prove that your doctor breached his or her duty of care and that this led to a more adverse result for you. A specialist misdiagnosis lawyer is able to determine whether you have an appropriate claim.

To prove your case in court, you need to prove that a doctor with the same skills and qualifications would have made an accurate diagnosis in a similar scenario. The method for doing this is known as differential diagnosis. This involves identifying all disease processes that could cause your symptoms and then testing each one at a time until a definitive diagnosis is made.

You may be able to claim both general and specific damages if it is possible to prove that your doctor did not or didn't perform this procedure, or if he or she simply ignored your symptoms. Special damages cover out-of-pocket expenses like past and future medical expenses, lost earnings, therapy costs, pharmacy charges and equipment purchases. General damages encompass more intangible losses, such as pain and suffering, loss of quality of life, and a shortened life time.

Failure to Diagnose

A variety of serious medical conditions such as cancer, heart attacks and appendicitis can be treated when diagnosed early. But if medical professionals do not recognize these illnesses they can result in severe injury or even death.

If doctors fail to recognize a patient, they are not performing their professional duties. They can be held responsible for malpractice. A successful medical malpractice case hinges on proving that the physician deviated from the acceptable standard of medical care, causing physical harm to the patient. Your attorney will use medical documents and expert testimony to establish the healthcare professional did not provide the same level of care as peers with similar training and experience.

It's important to note that not every medical error resulting in a missed diagnosis is cause for an action. Certain conditions are difficult to diagnose, particularly when they're in their very infancy. It's important to see a doctor as soon as possible if you notice symptoms of an illness. Contact a seasoned attorney immediately when you or someone close to you has suffered injury because of a failed detect. Most medical malpractice cases are settled out of court before 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 personnel and doctors are also human and are bound to make mistakes. If those errors are grave but result in injury or death, the patient or their family members could bring a malpractice lawsuit. Treatment errors range from prescribing the wrong drug to putting an instrument in the body of a patient following surgery. It is possible that a doctor does not follow the patient's condition and they end up with a more serious health issue as consequence.

Doctors are required to keep detailed medical records for every patient they treat. These records must include the patient's medical history, medication that the patient is taking as well as any allergies. Documentation errors are the basis of many medical malpractice claims even a small error such as putting an incorrect dosage on a prescription could cause serious harm to the patient.

In New York, the burden of the burden of proof in a medical malpractice case lies with the patient. To prove that a medical provider violated their duty of caring, they must provide witnesses with specialized knowledge and can explain how the defendant's actions did not conform to the standard of care accepted by all. Parker Waichman's New York malpractice lawyers have a deep understanding of medicine and can scrutinize medical malpractice law firms records to come up with solid theories.

Negligence

A medical professional could be held accountable if they diverge from the norm of practice and cause harm to patients. The standard of care is the amount of skill and caution any reasonably prudent healthcare provider would have employed in similar circumstances. Your lawyer must prove that negligence by the doctor caused your injuries and that the doctor violated the standard care.

It isn't easy to prove negligence in a malpractice case since healthcare professionals are held to an elevated standard due to the fact that they are trained every day to save lives. However, humans are prone to error and healthcare professionals are not exempt.

For example the case where a surgeon works on the wrong side of the brain, or accidentally uses a foreign object during surgery, it's deemed malpractice and you may be entitled to compensation for your injuries. If negligence led to an injury or death that was not your fault, your family members could also be entitled to compensation.

Economic damages are based on future and current medical expenses, loss of income or loss of consortium (companionship) and pain and suffering. These elements will be considered by juries when deciding what damages you should receive. Your lawyer will employ experts to prove your non-economic and medical damages. The experts will testify to the reality that the doctor breached his or her duty of care and that the negligence directly contributed to your injuries.