Medical Malpractice Attorneys

Most people believe that their doctors and other medical professionals will give them the care that they deserve. However, serious mistakes are possible in any type of healthcare setting.

Medical malpractice lawyers must prove that the physician violated his or duty of care, and that this breach caused your injury. Special damages may be awarded to pay for expenses that are out of your pocket, such as lost wages.

Incorrect diagnosis

In a perfect world, doctors could accurately determine any health issues patients might have and give them the best treatment plans. Doctors are not perfect and can make mistakes. And if these mistakes result in a longer-lasting illness, complications that are not treated, ineffective treatment, or even death, they can be considered medical malpractice.

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

To show that you are the right person, you will need to prove that a doctor who has the same set of skills and credentials would have made the correct diagnosis in the same situation. The procedure for this is known as differential diagnosis. This involves listing the possible illnesses that could cause your symptoms, and then testing each one until a definitive diagnosis is established.

If you can prove that your doctor was unable to complete this procedure or if they didn't pay attention or didn't notice your symptoms, you'll be entitled to claim both general and special damages. Special damages refer to out-of-pocket expenses such as past and future medical expenses as well as lost earnings prescription fees therapy costs, equipment purchases, and other related expenses. General damages include more intangible damages, such as suffering and pain, loss of quality of life, and a shorter life time.

Inability to recognize

Many serious medical conditions such as heart attacks, cancer and appendicitis can be treated if discovered early. If medical professionals fail in the early detection of these ailments, they may cause serious injuries or even death.

If doctors fail to identify the condition of a patient, they are not performing their professional duties. They could be held accountable for negligence. A successful medical malpractice case depends on proving that the doctor's deviation from the accepted standard of care caused physical injury to the victim. To prove this, your attorney will use your medical records and expert medical testimony to establish that the healthcare professional failed to exercise the same level of care as other professionals with similar training and experience.

It is important to keep in mind that not all medical errors that lead to missed diagnoses are cause for a lawsuit. Some conditions can be difficult to identify, especially when they're in their very beginning stages. This is the reason it's so important 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 attorney immediately. Generally, most medical malpractice cases are resolved outside of court before they go to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure an appropriate amount of compensation for your case.

Treatment Errors

We all know that medical professionals and doctors are human and are likely to make mistakes. If the mistakes are serious but result in injury or death, the patient or their family members could make a claim for malpractice. Treatment errors range from prescribing the wrong drug to leaving an instrument inside the patient following surgery. A doctor might not follow up properly on the patient and lead to an illness that gets worse.

Doctors must keep meticulous medical records on every patient they treat. These records must include the patient's medical history, medications the patient is taking and any allergies. Documentation errors are at the heart of numerous medical malpractice claims and even a small mistake like putting an incorrect dosage on a prescription may have serious consequences for the patient.

In New York, the burden of evidence in a medical mishap case rests with the victim. To establish that the medical practitioner breached their duty to care, they have to produce witnesses with specific knowledge who can articulate the accepted standards of practice and how the defendant failed to adhere to the requirements. Parker Waichman's New York malpractice lawyers have an extensive knowledge of medicine and can analyze medical records in order to establish reliable theories.

Negligence

When a medical professional is deviating from the accepted standards of care and causes injury to an individual patient, he or could be liable for negligence. The standard of care refers to the level of skill and care the reasonably prudent healthcare professional would have employed under similar circumstances. Your lawyer must prove that the doctor was in violation of the standard of care and that the doctor's negligence caused your injuries.

Negligence can be difficult to prove in a malpractice lawsuit because healthcare professionals are held to higher standards than average people due to the fact that they are trained to save lives on a daily basis. Humans are also prone to errors and healthcare professionals are not any exception.

For instance, if 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 your injuries. If the error caused the death of a loved one, family members could also be entitled to compensation.

Economic damages include medical expenses today and in the near future or in the future, loss of income (including loss of companionship), pain and suffering. A jury will weigh these factors when deciding much they will award you for your losses. Your lawyer will use experts to demonstrate your medical and non-economic damages. The experts will testify that the doctor did not fulfill his or their duty of care and that this breach directly led to your injuries.