Medical Malpractice Attorneys

Most people trust that their physicians and other medical professionals will provide patients with the care they deserve. Unfortunately, serious errors can happen in any kind of healthcare environment.

Medical malpractice attorneys must establish that a physician breached his or his duty of care and that the breach directly caused your injury. Special damages may be awarded to cover for expenses out of pocket, such as lost wages.

Undiagnosed

In a perfect universe doctors would be able identify accurately any health issue that patients may face, and then provide them with appropriate treatment plans. But the reality is that doctors are human and they can make a few mistakes. If these errors lead to an extended illness or complications, or a treatment that is ineffective or even death, they may be deemed to be a form of negligent.

In the case of misdiagnosis, the legal definition is as simple as "a failure to render a correct diagnosis in a prompt manner." To be legally entitled to compensation, you must prove that your doctor breached his or her duty of care, and that this resulted in a less favorable than expected clinical outcome for you. A misdiagnosis lawyer can determine if you have a case that is valid.

You will need to demonstrate that an individual with the same qualifications and expertise would have made the right diagnoses in a similar scenario. The procedure for this is called differential diagnosis. It involves identifying the possible illnesses that might be causing your symptoms and then testing each one until a definitive diagnosis is determined.

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

Inability to recognize

Many serious medical conditions, such as cancer, heart attacks and appendicitis can be treated if discovered early. If medical professionals aren't successful in recognizing these conditions they could cause serious injuries or even death.

If doctors fail to identify the condition of a patient, they are not fulfilling their professional obligations. They could be held accountable for their mistakes. A successful medical malpractice claim rests on proving that the doctor didn't follow the standard of care, causing physical harm to the patient. To do so your attorney will rely on your medical documents and expert medical evidence to prove that the healthcare professional failed to provide the same level of care that their colleagues with comparable training and experience.

It is important to keep in mind that not all medical mistakes that lead to missed diagnoses are cause for an action. Certain conditions are difficult to recognize, especially when they're in very early stages. This is the reason it's so important to visit a medical professional when you begin to notice any symptoms of an illness or disease. Consult a knowledgeable attorney immediately in the event that you or someone close to you has been injured due to a lack of diagnose. Most 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 the right amount of compensation for your case.

Treatment Mistakes

We all know that doctors and medical staff are human beings, and are likely to make mistakes. If the mistakes are serious however, and lead to injury or death, the patient or their family may file a malpractice claim. Treatment errors range from prescribing the wrong medication to leaving an instrument inside a patient after surgery. It is possible that a doctor isn't able to follow the patient's condition and they develop a worsened health issue as the result.

Doctors must keep detailed medical records for every patient they treat. This contains medical history, a list of the medications that the patient is taking, as well as any allergies the patient suffers from. Documentation errors are at the heart of many medical malpractice claims, and even a minor mistake such as placing an incorrect dosage on a prescription could cause serious harm to the patient.

In New York, it is the victim's responsibility to prove the case of medical malpractice. In order to prove that the medical provider breached their duty of care, they must present witnesses with specialist knowledge who can provide an explanation of the accepted standards of practice and how the defendant failed to meet it. Parker Waichman's New York malpractice lawyers have an extensive knowledge of medicine and can scrutinize medical records in order to establish solid theories.

Negligence

If a medical professional departs from the standards of care, causing harm to an individual patient, he or could be found guilty of negligence. The standard of care is the amount of skill and caution the reasonably prudent healthcare professional would have applied under similar circumstances. Your attorney must establish that the doctor violated the standard of care and that his or her negligence caused your injuries.

Negligence is often difficult to prove in a malpractice case 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 susceptible to error and the medical industry is no different.

For instance in the event that a surgeon operates on the wrong side of the brain, or in error, uses an object foreign to the surgery, it's deemed malpractice and you may be entitled to compensation for your damages. If the negligence resulted in the death of a loved one, family members can also seek damages.

Economic damages include future and current medical expenses, loss of income, loss of consortium (companionship) and pain and suffering. These factors will be considered by a jury in deciding on the amount of damages you should receive. Your lawyer will ask expert witnesses to help in proving your medical and non-economic damages. The experts will testify the fact that the doctor did not fulfill his duty of care and that this negligence directly caused your injuries.