Medical Malpractice Attorneys

Many people believe that their doctors and other medical professionals will provide them with the treatment they need. However, serious errors can occur in almost every health-care facility.

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

Undiagnosed

In a perfect world, doctors would be able to precisely determine any health problems patients might be suffering from and give them the appropriate treatment plans. But the reality is that doctors are people and sometimes they make mistakes. If the mistakes result in more serious illness or complications, ineffective treatment or even death, then they can be considered negligent.

A misdiagnosis can be defined by law as "failure to render a proper diagnosis in a timely manner." To be able to pursue damages, you must show that your doctor did not fulfill their duty of care, and that this resulted in an adverse clinical outcome. A specialist misdiagnosis lawyer will be able to determine if you have a valid claim.

To prove your case, you will need to prove that a doctor with the same skill set and qualifications would have made a correct diagnosis in a similar circumstance. This is accomplished by using the concept of differential diagnosis. It involves identifying the possible diseases that could be causing your symptoms, and then testing each one until a definitive diagnosis can be identified.

You are able to recover both general and special damages if you can demonstrate that your doctor didn't or failed to perform this procedure, or if he or 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 include more intangible losses, like suffering and pain, loss of quality of life and a decrease in life expectation.

Failure to Diagnose

Many serious medical conditions, such as cancer, heart attacks and appendicitis are treatable if discovered early. However, when medical professionals aren't able to recognize these ailments they could cause serious injury, and even death.

When doctors miss a diagnosis and fail to fulfill their professional responsibilities and may be held responsible for malpractice. A successful medical malpractice case is based on the proof that the doctor did not follow the accepted standard of care, causing physical injury to the patient. To prove this, your attorney will use your medical documents and expert medical evidence to prove that the healthcare professional failed to perform the same standard of care as other professionals with comparable training and experience.

It's important to remember that not every medical mistake resulting in a missed diagnosis can be the basis for a lawsuit. Certain conditions are difficult to diagnose, especially when they are in their very early stages. It's crucial to visit a doctor as soon as possible if you start to feel the symptoms of an illness. If you or someone you care about was injured as a result of a failure to diagnose the problem, consult an experienced lawyer right away. Most medical malpractice cases settle out of court before going to trial. However the Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.

Treatment Mistakes

We all know that medical malpractice attorney professionals and doctors are human, and they are likely to make mistakes. Patients or their families could sue for malpractice when the errors cause grave injuries or even death. Treatment errors range from prescribing a wrong medication to putting an instrument in a patient after surgery. Doctors may not monitor a patient and cause them to develop an illness that gets worse.

Doctors must maintain detailed medical records for every patient they treat, which includes medical history, a list of the medications that the patient is taking, as well as any allergies the patient suffers from. A lot of medical malpractice claims are based on errors in documentation. Even a small error such as not writing the correct dosage on prescriptions for medications, can have serious consequences.

In New York, the burden of proof in a medical malpractice case is on the victim. To demonstrate that the medical professional violated their duty of care, they have to produce a witness with specialized knowledge who can articulate the accepted standard of care and how the defendant did not meet it. Parker Waichman's New York malpractice lawyers have a thorough understanding of medical practices and can scrutinize medical records to formulate solid theories.

Negligence

When a medical professional deviates from the norm of care, causing injury to patients, he or she may be liable for negligence. The standard of care is defined as the level of expertise and prudence that a reasonably prudent healthcare professional would have exercised in similar circumstances. Your lawyer must prove that the doctor acted in violation of the standard of care and that his negligence caused your injuries.

It isn't easy to prove negligence in a case of malpractice because healthcare professionals are held to higher standards due to the fact that they are trained daily to save lives. Humans are prone for error, and the healthcare industry is no different.

For instance, if a surgeon accidentally uses an object from another country or operates on the wrong side, this is deemed to be malpractice. You could be entitled to compensation for your damages. If the malpractice resulted an unintentionally death, family members can also recover damages.

Economic damages may include future and current medical expenses as well as loss of income and loss of consortium (companionship) and pain and suffering. These factors will be considered by a jury when deciding what damages you are entitled to. Your lawyer will make use of expert witnesses to establish your medical and non-economic damages. The experts will testify that the doctor did not fulfill his or his duty of care and that this breach directly contributed to your injuries.