Medical Malpractice Attorneys

The majority of people trust that their doctors and other medical professionals will treat them with the respect they need. Unfortunately, serious errors can occur in any kind of healthcare environment.

Medical malpractice lawyers must prove that the doctor violated his or duty of care, and that this negligence caused the injury. Special damages can be awarded to compensate you for expenses out of pocket, such as lost wages.

Misdiagnosis

In a perfect universe doctors would be able to determine the cause of any health issues that patients may have, and provide them with appropriate treatment plans. However, the reality is that doctors are people and sometimes they make mistakes. And if those mistakes cause a prolonged illness, more complications or ineffective treatment, or even death, they may be viewed as medical negligence.

A misdiagnosis is defined by law as "failure to provide a valid diagnosis in a timely manner." To be able to pursue damages, you have to prove that your doctor breached their duty of care, and that 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 to the court, you must prove that a doctor who has the same level of expertise and qualifications would have made a correct diagnosis in a similar circumstance. The method for doing this is called differential diagnosis. This involves listing all the illnesses that may be causing your symptoms, and then testing each one at a time until a definitive diagnosis is established.

If you can show that your doctor failed to follow this procedure or if they didn't pay attention or didn't notice the symptoms you have, you'll be entitled to claim both general and special damages. Special damages cover out-of-pocket expenses such as future and past medical bills, lost earnings cost of therapy, pharmacy costs and equipment costs. General damages are more tangible damages, such as pain and suffering loss of quality of life, and a decrease in life expectation.

Failure to recognize

Many serious medical conditions, such as heart attacks, cancer, and appendicitis can be treated if identified early. If medical professionals fail to diagnosing these conditions and causing them to cause severe injury or even death.

When doctors miss a diagnosis and fail to perform their professional duties and can be held liable for mistakes. A successful medical malpractice case rests on the proof that the doctor was not following the acceptable standard of medical care, causing physical harm to the patient. Your attorney will use medical documents and expert testimony to prove the healthcare professional did not exercise the same level care as peers who have similar qualifications and experience.

It's important to remember that not every medical mistake which results in a misdiagnosis is a cause for an action. Certain ailments are extremely difficult to diagnose, especially if they're in the very beginning stages. This is why it's important to consult a medical professional as soon as you discover any signs of illness or disease. If you or someone you know has been injured due to the inability to recognize the problem, consult an experienced attorney immediately. Most medical malpractice cases are settled out of court before they reach trial. However, your Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.

Treatment Mistakes

We all know that medical staff and doctors are humans, and are bound to make mistakes. Patients and their families can file a malpractice suit in the event that the mistakes cause serious injury or death. Treatment errors include everything from prescribing a wrong medication to putting an instrument into a patient after surgery. A doctor might not follow up properly on patients and lead to an illness that gets worse.

Doctors must keep meticulous medical records for every patient they treat. These records must contain the patient's medical history, medicines that the patient is using and any allergies. Documentation errors are the basis of many medical malpractice lawsuits, and even a minor mistake such as placing an incorrect dosage on a prescription can result in serious consequences for the patient.

In New York, it is the victim's responsibility to prove a medical malpractice case. In order to prove that the medical professional breached their duty to care, they need to present witnesses with specialist knowledge who can present the accepted standard of practice and how the defendant did not meet the requirements. Parker Waichman's New York malpractice lawyers have a thorough understanding of medical practices and can analyze medical records to formulate reliable theories.

Negligence

If a medical professional strays from the standard of care and causes injury to patients, he or she may be found guilty of negligence. The standard of care is the degree of competence and prudence the reasonably prudent healthcare professional would have applied under similar circumstances. Your attorney must demonstrate that the doctor's negligence caused your injuries and that he or she violated the standard of care.

It isn't easy to prove the negligence of a medical professional in a malpractice case because healthcare professionals are held to a higher standard because they are regularly trained to save lives. However, humans are subject to error and the healthcare industry is not any exception.

For instance the case where a surgeon works on the wrong side of the brain, or mistakenly uses a foreign object during surgery, it is considered as malpractice and you could be entitled to compensation for your injuries. If the negligence resulted in a wrongful demise, family members could also be entitled to compensation.

Economic damages may include medical expenses now and in the future, loss of income (including loss of companionship), suffering and pain. These elements will be considered by a jury in deciding what damages you should be awarded. Your lawyer will ask expert witnesses to help in proving your non-economic and medical damages. Experts will testify that the doctor did not fulfill his or her duty of care, and that this breach directly caused your injuries.