Medical Malpractice Attorneys

Most people trust that their doctors and other medical professionals will provide patients with the care they need. However, serious errors can occur in nearly any type of health-care setting.

Medical malpractice lawyers must prove that a physician breached his or their duty of care, and that the breach directly caused your injury. Special damages may be awarded to reimburse you for out-of-pocket expenses, for example, lost wages.

The wrong diagnosis

In a perfect universe doctors would be able to identify accurately any health issue that patients may have, and provide them with the proper treatment plans. Doctors are humans and may make mistakes. If these errors lead to an extended illness or complications, ineffective treatment or even death, then they could be considered to be negligence.

When it comes to misdiagnosis the legal definition of misdiagnosis is simple "a inability to provide a correct diagnosis in a timely manner." To be eligible for compensation, you need to prove that your doctor did not fulfill their duty of care, and that this resulted in a less favorable than expected clinical outcome for you. A specialist misdiagnosis lawyer is able to assess whether you have a valid claim.

You will have to prove your case by demonstrating that a doctor with the same qualifications and experience could have made the correct diagnosis in a similar situation. This is done by using the method of differential diagnosis. This is the process of listing all possible diseases that might cause your symptoms, and then examining each one until a final diagnose is determined.

You can claim general and special damages if you can demonstrate that your doctor didn't or failed to perform this procedure, or if he or did not even notice your symptoms. Special damages are for out-of-pocket expenses such as future and past medical bills, lost earnings expenses for therapy, pharmacy fees and equipment costs. General damages include more intangible loss, such as pain and suffering loss of quality of life, and a shorter life duration.

Inability to diagnose

Many serious medical conditions, including heart attacks, cancer and appendicitis, can be treated if they are detected at an early stage. However, when medical professionals do not recognize these illnesses, they can cause serious injury, and even death.

When doctors do not make a diagnosis and fail to perform their professional duties and may be held responsible for negligent conduct. A successful medical malpractice case is based on the proof that the doctor's deviation from the accepted standard of care caused physical harm to the victim. To prove this your lawyer will use your medical records and expert medical testimony to prove that the healthcare professional did not provide the same level of care as other professionals with similar experience and training.

It's important to remember that not all medical errors that result in missed diagnoses are grounds for a lawsuit. Some conditions are very difficult to identify, particularly when they're in their very early stages. This is the reason it's so important to see a doctor immediately you discover any signs of illness or disease. Contact an experienced attorney immediately should you or someone else close to you has suffered injury due to a failure to diagnose. Most medical malpractice cases settle out of court before they go to trial. However you Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.

Treatment Mistakes

We all know that medical personnel and doctors are also human and are likely to make mistakes. Patients and their families can sue for malpractice when mistakes result in grave injuries or even death. Treatment errors include everything from prescribing the wrong drug to putting an instrument into the body of a patient following surgery. It's possible that a doctor isn't able to follow any changes in a patient's health and they develop a worsened health issue as the result.

Doctors should keep meticulous medical records for every patient they see, which includes medical malpractice law firms history, 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 lawsuits even a minor mistake such as placing an incorrect dosage on a prescription can cause serious harm to the patient.

In New York, the burden of proof in a medical malpractice case lies with the patient. In order to prove that the medical professional breached their duty to care, they need to present witnesses with specific knowledge who can present the accepted standard of practice and the way in which the defendant didn't meet the requirements. Parker Waichman's New York malpractice lawyers have an in-depth understanding of medicine and can analyze medical malpractice lawsuit records in order to establish solid theories.

Negligence

If a medical professional strays from the norm of care and causes injury to a patient, he or could be liable for malpractice. The standard of care is defined as the amount of expertise and prudence that a reasonable healthcare professional would have exercised in similar circumstances. Your lawyer must establish that the doctor's negligence caused your injuries and that he/she violated the standard of care.

It is difficult to prove in a malpractice claim because healthcare professionals are held to a higher standard than the average person since they are trained to save lives on a regular basis. However, humans are prone to errors and healthcare professionals are not exempt.

For instance, if a surgeon operates on the wrong side of the brain, or mistakenly uses a foreign object during surgery, it's considered malpractice and you may be entitled to compensation for your injuries. If the malpractice resulted a wrongful death, family members can also recover damages.

Economic damages can include future and current medical expenses and income loss, loss of consortium (companionship) and pain and suffering. These factors will be considered by juries when deciding how much compensation you should be awarded. Your lawyer will use experts to prove your non-economic and medical damages. The experts will testify to the fact that the doctor violated his or duty of care and that the negligence directly contributed to your injuries.