Medical Malpractice Attorneys

A majority of people trust that doctors and other medical professionals will provide patients with the care they deserve. Unfortunately, serious errors are possible in any type of healthcare setting.

Medical malpractice lawyers must prove that the doctor violated his or duty of care, and that the negligence caused the injury. You could be entitled specific damages that pay for your out-of pocket expenses, including the loss of wages.

Undiagnosed

In a perfect world doctors could accurately determine any health problems patients might have and provide them with the proper treatment plans. However, the truth is that doctors are people and sometimes they make mistakes. If these mistakes lead to an extended illness or complications, an ineffective treatment or even death, they could be considered to be malpractice.

When it comes to misdiagnosis, the legal definition is simple "a failure to provide a correct diagnosis in a timely fashion." To be qualified for compensation, you need to prove that your doctor failed to fulfill his or her duty of care, and that this resulted in a less favorable medical outcome for you. A specialist misdiagnosis lawyer is able to determine if you have a valid claim.

To be able to prove your case in court, you need to show that a physician with the same skills and credentials would have made the correct diagnosis in the same situation. The method for doing this is called differential diagnosis. This is the process of listing all possible illnesses that could cause your symptoms, and then testing each one until a final diagnose is made.

You can claim general and special damages if you can show that your doctor was not aware of or failed to perform this procedure or if did not even notice your symptoms. Special damages refer to out-of-pocket costs such as past and future medical expenses, lost earnings and pharmacy charges, therapy costs, equipment purchases, and any other related expenses. General damages cover more tangible losses such as pain and discomfort, loss of quality or life expectancy, and Medical Malpractice Lawsuit also a shorter life expectancy.

Failure to Diagnose

A variety of serious medical conditions such as heart attacks, cancer and appendicitis may be treated if diagnosed early. When medical professionals fail in recognizing these conditions they can cause serious injuries or even death.

When doctors miss a diagnosis, they are failing to fulfill their professional responsibilities and could be held accountable for malpractice. A successful medical malpractice claim hinges on proving the doctor's lapse from the accepted standards of care and caused physical harm to the victim. Your lawyer will rely on medical documents and expert testimony to establish that the healthcare professional did not perform the same standard of care as fellow professionals who have similar qualifications and experience.

It's important to keep in mind that not every medical Malpractice lawsuit error that leads to a missed diagnosis is cause for an action. Certain conditions are difficult to recognize, especially when they're in very early stages. It's important to see a doctor as soon as possible if you notice symptoms of an illness. Consult a knowledgeable attorney immediately should you or someone else close to you has been injured because of a failure to determine. Most medical malpractice cases settle out of court, before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to ensure you receive fair compensation for your situation.

Treatment Errors

We all know that medical personnel and doctors are human and are bound to make mistakes. Patients or their families may bring a malpractice lawsuit in the event that the mistakes cause serious injury or death. Treatment errors include everything from prescribing the wrong medication to leaving an instrument inside the patient after surgery. A doctor might not follow up properly on a patient and lead to an underlying condition that becomes worse.

Doctors must keep detailed medical records for every patient they see, which includes medical malpractice law firm history, list of the medications the patient takes, and any allergies they suffer from. Documentation errors are the basis of many medical malpractice lawsuits even a small mistake like putting an incorrect dosage on a prescription can cause serious harm to the patient.

In New York, the burden of the proof in a medical negligence case rests with the victim. To establish that the medical practitioner breached their duty to care, they need to present a witness with specialized knowledge 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 deep understanding of medicine and are able to review medical records to form solid theories.

Negligence

If a medical professional departs from the standards of care and causes injury to a patient, he or she may be liable for malpractice. The standard of care is the amount of expertise and prudence that an appropriately prudent healthcare professional would have employed in similar circumstances. Your lawyer must prove that the doctor violated the standard of care and that his negligence caused your injuries.

Negligence can be difficult to prove in a malpractice claim because healthcare professionals are held to a higher standard than the average person because they are trained to save lives on a regular basis. However, humans are susceptible to errors and the healthcare industry is no exception.

For instance the case where a surgeon works on the wrong side of the brain or mistakenly uses an unrelated object during surgery, it's malpractice and you may be entitled to compensation for the damages. If the negligence resulted in an injury or death that was not your fault, your family members may also be entitled to compensation.

Economic damages include the current and future medical costs, loss of income, loss of consortium (companionship) and pain and suffering. These elements will be considered by a jury in deciding what damages you should receive. Your lawyer will call on experts to assist in proving your medical and non-economic damages. Experts will testify the doctor erred in his or their duty of care and that this failure directly contributed to your injuries.