Medical Malpractice Attorneys

A majority of people trust that physicians and other medical professionals will treat patients with the care they deserve. Unfortunately, serious mistakes can occur in nearly every type of health care setting.

Medical malpractice lawyers must prove that a doctor violated his or their duty of care, and that this breach directly caused your injury. Special damages can be awarded to reimburse you for expenses that are out of your pocket, like lost wages.

Undiagnosed

In a perfect universe, doctors would be able detect any health problems that patients may have, and provide them with correct treatment plans. Doctors are human, and they have the potential to make mistakes. And if the mistakes result in a longer illness, additional complications and ineffective treatment or even death, they could be considered medical malpractice.

When it comes to misdiagnosis, the legal definition is as follows "a failure to render a correct diagnosis in a timely manner." To be eligible for compensation, you must prove that your doctor breached his or her duty of care and this led to a more adverse than expected clinical outcome for you. A misdiagnosis lawyer is able to determine if you have a valid case.

To demonstrate your case for your case, you will need to show that a physician with the same set of skills and qualifications would have rendered the correct diagnosis in a similar circumstance. The procedure for this is called differential diagnosis. This involves listing the possible diseases that could be causing your symptoms and then testing each one until a final diagnosis is made.

If you can prove that your doctor failed to complete this procedure or if they ignored or neglected your symptoms, you'll be entitled to claim both general and specific damages. Special damages refer to out-of-pocket expenses such as past and future medical expenses loss of earnings, pharmacy fees, therapy costs, equipment purchases, and other expenses. General damages are for more intangible expenses like discomfort and pain as well as loss of quality and life, and a shorter life expectancy.

Inability to recognize

Many serious medical conditions, including heart attacks, cancer, and appendicitis can be treated if they are detected at an early stage. However, if medical professionals aren't able to recognize these ailments they could result in severe injury or even death.

If doctors fail to recognize a patient, they are not fulfilling their professional obligations. They could be held accountable for negligence. A successful medical malpractice case is based on the fact that the doctor deviated from the acceptable standard of care, causing physical injury to the patient. To do so, your attorney will use your medical documents and expert medical evidence to establish that the healthcare professional did not apply the same level of care as other professionals with similar training and experience.

It's important to remember that not all medical mistakes that lead to missed diagnoses can be legal grounds for a lawsuit. Certain conditions are difficult to recognize, especially when they're in very beginning stages. This is why it's crucial to see a doctor whenever you detect any signs of an illness or disease. If you or someone you know has been injured due to the inability to recognize, contact an experienced attorney as soon as you can. In general, medical malpractice cases are settled outside of court prior to going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to ensure you receive the right amount of compensation for your case.

Treatment Mistakes

We all know that medical staff and doctors are humans and are likely to make mistakes. Patients or their families can bring a malpractice lawsuit when mistakes result in grave injury or death. Treatment mistakes could range from prescribing a wrong medication to leaving a surgical instrument in the body of a patient after surgery. It's possible that a doctor does not follow the patient's condition and they suffer a deterioration of health issue as a result.

Doctors must keep detailed medical records for every patient they treat, which includes medical history, a list of medications the patient takes, and any allergies they suffer from. A lot of medical malpractice claims are based on documentation errors. Even a slight error, such as prescribing the wrong dosage on the prescription for a medicine, could have serious consequences.

In New York, the burden of the burden of proof in a medical malpractice case lies with the patient. In order to establish that the medical practitioner did not meet their duty of care, they need to present a witness with specialized knowledge who can explain the accepted standard of practice and the way in which the defendant didn't meet it. Parker Waichman's New York malpractice lawyers have a thorough understanding of medical practices and can scrutinize medical records to formulate reliable theories.

Negligence

A medical professional can be held accountable if they diverge from the standard of practice in causing harm to the patient. The standard of care is defined as the amount of expertise and prudence that a reasonably prudent medical professional would have exercised under similar circumstances. Your lawyer must establish that the negligence of the doctor led to your injuries and that the doctor breached the standard of care.

It can be difficult to prove in a malpractice claim because healthcare professionals are held to higher standards than average people due to the fact that they are trained to save lives on a regular basis. However, humans are susceptible to errors and the healthcare industry is not exempt.

For example in the event that a surgeon operates on the wrong side of the brain or mistakenly uses a foreign object during surgery, it's deemed negligence and you could be entitled to compensation for your injuries. If negligence led to a wrongful demise, family members may also be entitled to compensation.

Economic damages may include current and future medical expenses such as income loss and loss of consortium (companionship) and pain and suffering. These elements will be taken into consideration by a jury when deciding what damages you should be awarded. Your lawyer will make use of experts to prove your non-economic and medical damages. The experts will testify that the doctor erred in his or their duty of care and that the breach directly caused your injuries.