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Medical Malpractice Attorneys

Most people believe that their doctors and other medical professionals will provide them with the care that they deserve. Unfortunately, serious errors can happen in any kind of healthcare facility.

Medical malpractice lawyers must prove that the doctor violated his or her duty of care, and that the breach led to your injury. You could be entitled to specific damages that pay for your out-of pocket expenses such as lost wages.

Misdiagnosis

In a perfect world, doctors could accurately identify any health issues that patients may be experiencing and provide them with the proper treatment plans. Doctors are humans and can make mistakes. If their mistakes lead to the development of a chronic illness, complications, ineffective treatment or even death, they can be considered as malpractice.

A misdiagnosis is defined in law as “failure to render a proper diagnosis promptly.” To be able to pursue damages, you need to prove that your doctor breached their duty of care, and this resulted in worse outcomes for your medical condition. A misdiagnosis lawyer will determine if you have a case that is valid.

To show that you are the right person for your case, you will need to demonstrate that a doctor with the same skill set and qualifications would have rendered the correct diagnosis in a similar situation. This is accomplished by using the method of differential diagnosis. This is the process of listing all possible diseases that could be causing your symptoms, and then testing each one until a final diagnosis is determined.

You can recover both general and special damages if you are able to prove that your doctor did not or did not carry out this procedure or if he/she did not even notice your symptoms. Special damages are those that are not covered by insurance. They include costs such as past and future medical costs loss of earnings as well as pharmacy fees and therapy costs, as well as equipment purchases, and other related expenses. General damages cover more tangible losses such as pain and discomfort loss of quality and life, and a lower life expectancy.

Failure to Diagnose

Many serious medical ailments, such as heart attacks, cancer, and appendicitis, can be treated by recognizing them early. However, when medical experts fail to recognize these conditions, they can cause severe injury or even death.

If doctors fail to recognize a patient, they’re not fulfilling their professional responsibilities. They could be held responsible for malpractice. A successful medical malpractice case relies on proving that the doctor’s lapse from the accepted standards of care and caused physical injury to the victim. To prove this, your attorney will use your medical documents and expert medical evidence to establish that the healthcare professional was unable to perform the same standard of care as other healthcare professionals with comparable training and experience.

It’s important to keep in mind that not every medical mistake which results in a misdiagnosis can be the basis for a lawsuit. Certain illnesses can be difficult to diagnose, particularly when they are in their very early stages. This is why it’s crucial to see a doctor whenever you detect any signs of an illness or disease. Contact an experienced attorney immediately when you or someone close to you has suffered injury due to a lack of detect. Most medical malpractice cases are settled out of court before going to trial. However, your Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.

Treatment Errors

We all know that medical personnel and doctors are human and are bound to make mistakes. When those mistakes are serious and result in injury or death the patient or their loved ones could file a malpractice claim. Treatment errors could range from prescribing a incorrect medication to putting a surgical instrument in a patient’s body after surgery. It is also possible that a doctor fails to properly follow the patient’s condition and they end up with a more serious health issue as a result.

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

In New York, the burden of evidence in a medical mishap case rests with the victim. In order to demonstrate that the medical professional violated their duty of care, they need to present a witness with specialized knowledge who can articulate the accepted standard of care and the way in which the defendant failed to meet it. Parker Waichman’s New York malpractice lawyers have a deep understanding of medicine and can scrutinize medical records to come up with reliable theories.

Negligence

When a medical professional deviates from the standard of care and causes injury to a patient, he or could be guilty of malpractice. The standard of care is defined as the amount of care and skill that a reasonably prudent health care professional would have exercised under similar circumstances. Your lawyer must prove that negligence by the doctor caused your injuries and that he/she did not follow the standard of care.

It is difficult to prove in a malpractice lawsuit because healthcare professionals are held to higher standards than average people due to the fact that they are trained to save lives on a daily basis. Humans are vulnerable to error and the medical industry is no different.

For instance the case where a surgeon works on the wrong side of the brain, or mistakenly uses an object foreign to the surgery, it’s malpractice and you may be entitled to compensation for your damages. If the malpractice resulted an unintentionally death, family members may also be entitled to damages.

Economic damages are based on the current and future medical costs and income loss as well as loss of consortium (companionship) as well as pain and suffering. These factors will be considered by a jury when deciding the amount of damages you should be awarded. Your lawyer will ask expert witnesses to help in proving your medical malpractice attorney and non-economic damages. The experts will prove that the doctor erred in his or her duty of care, and that this breach of duty directly contributed to your injuries.