Medical Malpractice Attorneys

A majority of people trust that doctors and other medical professionals will treat them with the respect they deserve. However, serious mistakes can occur in any type of healthcare environment.

Medical malpractice lawyers must prove that the doctor acted in breach of his or duty of care, and that the breach caused your injury. Special damages can be awarded to cover for any out-of-pocket expenses like lost wages.

The wrong diagnosis

In a perfect world doctors could accurately determine any health problems patients might be suffering from and give them the best treatment plans. Doctors are human, and they have the potential to make mistakes. If those errors cause a prolonged illness, more complications or ineffective treatment, or even death, they could be considered medical malpractice.

A misdiagnosis is defined in law as "failure to provide a correct diagnosis in a timely manner." To be able to claim damages, you have to prove that your doctor did not fulfill their duty of care and this resulted in worse clinical outcomes. A misdiagnosis lawyer will determine whether you have a case that is valid.

You must show that an individual with the same qualifications and skills would have made a correct diagnosis in a similar circumstance. This is accomplished using the differential diagnosis. It involves identifying the possible illnesses that could be causing your symptoms, and then testing each until a definitive diagnosis is identified.

If you can prove that your doctor failed to perform this process or if they merely ignored or did not notice your symptoms, you'll be entitled to compensation for both special and general damages. Special damages are those that are not covered by insurance. They include expenses such as past and future medical expenses loss of earnings, pharmacy fees and therapy costs, as well as equipment purchases, and any other related expenses. General damages are more tangible losses, like the suffering of others loss of quality of life and a decrease in life expectancy.

Inability to recognize

Many serious medical conditions like heart attacks, cancer, and appendicitis can be treated when identified early. But when medical experts fail to recognize these conditions, they can cause severe injury or even death.

If doctors fail to diagnose a patient, they are failing to fulfill their professional obligations and can be held liable for negligence. A successful medical malpractice case hinges on proving that the doctor deviated from the acceptable standard of treatment, causing physical harm to the patient. Your attorney will use medical malpractice attorney records and expert testimony to establish the healthcare professional did not provide the same level of care as peers with similar experience and training.

It's important to remember that not every medical error that leads to a missed diagnosis is cause for an action. Certain conditions are difficult to diagnose, especially when they're in the beginning stages. This is why it's essential to visit a medical professional when you begin to begin to notice signs of an illness or disease. If you or someone you care about has been injured due to the inability to recognize a medical condition, seek out an experienced lawyer right away. In general, medical malpractice cases are resolved outside of court prior to going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to get you fair compensation for your case.

Treatment Faults

We all know that medical staff and doctors are also human and are likely to make mistakes. Patients and their families can be able to file a malpractice lawsuit when mistakes result in grave injuries or even death. Treatment errors can range from prescribing a wrong medication or leaving an instrument inside the patient following surgery. A doctor might fail to follow up properly on the 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 contain the medical history of the patient, the medications that patient is taking and any allergies. Many medical malpractice claims are based on errors in documentation. Even a minor mistake like prescribing the wrong dosage on the prescription for a medicine, could cause serious harm.

In New York, it is the victim's responsibility to prove the medical malpractice case. To prove that the medical professional breached their duty of care, they must present an expert witness who can explain the accepted standards of practice and how the defendant failed to meet it. Parker Waichman's New York malpractice lawyers have a thorough understanding of medical practices and can review medical records to formulate solid theories.

Negligence

A medical professional could be found guilty if they deviate from the standard of practice and cause harm to patients. The standard of care is the amount of skill and care any reasonably prudent healthcare provider would have used under similar circumstances. Your attorney must prove that the doctor's negligence caused your injuries and that the doctor violated the standard care.

Negligence can be difficult to prove in a malpractice case because healthcare professionals are held to a higher standard than the average person because they are trained to save lives on a daily basis. However, humans are prone to error and healthcare professionals are not an exception.

For instance in the event that a surgeon operates on the wrong side of the brain or is mistakenly using an unrelated object during surgery, it's considered negligent and you could be entitled to compensation for the damages. If the negligence resulted in a wrongful demise, family members could also be entitled to compensation.

Economic damages include medical expenses at present and in the future and loss of income (including loss of companionship) and suffering and pain. These factors will be considered by a jury in deciding what damages you should be awarded. Your lawyer will bring in experts to assist in proving your medical and non-economic damages. Experts will testify the truth that the doctor acted in violation of his or duty of care and that this failure directly caused your injuries.