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Medical Malpractice Attorneys

Many people believe that their doctors and other medical professionals will treat patients with the care they need. Unfortunately, serious errors can occur in any type of healthcare facility.

Medical malpractice lawyers must prove that the physician violated his or duty of care, and that the breach caused your injury. Special damages can be awarded to pay for expenses out of pocket, such as lost wages.

The wrong diagnosis

In a perfect world doctors would be able to diagnose accurately any health issues that patients may have, and provide them with the most appropriate treatment plans. But the reality is that doctors are people and sometimes they make mistakes. If those errors result in a more prolonged illness, more complications or treatment that is ineffective, or even death, they could be viewed as medical negligence.

In the case of misdiagnosis the legal definition of misdiagnosis is straightforward "a failure to render a correct diagnosis in a timely fashion." To be eligible for compensation, it is necessary to need to prove that your doctor failed to fulfill his or her duty of care and that this caused a worse medical outcome for you. A misdiagnosis lawyer is able to determine if you have a valid case.

To prove your case, you will need to prove that a doctor with the same set of skills and qualifications would have provided a correct diagnosis in a similar scenario. The process of proving this is called differential diagnosis. This is the process of listing all possible diseases that could be causing your symptoms and then evaluating each until a definitive diagnosis can be determined.

You may be able to claim both general and special damages if you are able to prove your doctor ignored or failed to perform this procedure or if simply ignored your symptoms. Special damages cover out-of-pocket expenses like future and past medical bills, lost earnings expenses for therapy, pharmacy fees and equipment costs. General damages include more intangible losses, like pain and suffering loss of quality of life, and a shorter life time.

Inability to identify

Many serious medical conditions like cancer, heart attacks and appendicitis are treatable if identified early. However, when medical experts do not recognize these illnesses they can result in grave injury or even death.

If doctors fail to diagnose a patient and fail to fulfill their professional obligations and may be held responsible for negligence. A successful medical malpractice claim depends on proving that the doctor's lapse from the accepted standard of care that caused physical injury to the victim. To do so, your attorney will use your medical records and expert medical testimony to prove that the healthcare professional did not exercise the same level of care as other professionals who have similar qualifications and experience.

It is important to keep in mind that not all medical errors that result in missed diagnoses are enough to warrant an action. Certain conditions are difficult to diagnose, particularly when they're in their very beginning stages. It's essential to see a doctor as quickly as possible when you begin to detect signs of illness. If you or someone you love has been injured due to a failure to diagnose, contact an experienced attorney as soon as you can. The majority of medical malpractice cases settle out of court, before they go to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight for fair compensation for your situation.

Treatment Errors

We all know that doctors and medical staff are humans, and are likely to make mistakes. Patients or their families can file a malpractice suit when the errors cause grave injuries or even death. Treatment mistakes could range from prescribing a wrong medication to leaving surgical instruments in the body of a patient after surgery. Doctors may not monitor patients and lead to an illness that is worsening.

Doctors are required to keep detailed medical records on each patient they treat. These records must include the patient's medical history, medications the patient is taking and any allergic reactions. Documentation mistakes are the foundation of many medical malpractice cases even a small mistake like putting an incorrect dosage on a prescription could have serious consequences for the patient.

In New York, the burden of proof in a medical malpractice case is on the victim. To show that a medical professional breached their duty to care and care, they must present an expert witness with expertise and can clearly explain why they failed to meet the standard of care recognized by law. Parker Waichman's New York malpractice lawyers have an extensive knowledge of medicine and are able to review medical records in order to establish reliable theories.

Negligence

When a medical professional deviates from the accepted standards of care, causing harm to the patient, he/she could be liable for malpractice. The standard of care refers to the level of skill and care a reasonably prudent healthcare provider would have applied under similar circumstances. Your lawyer must prove that the doctor's negligence caused your injuries and that he or she breached the standard of care.

It is difficult to prove in a malpractice case because healthcare professionals are held to a higher standard than the average person due to the fact that they are trained to save lives on a regular basis. However, humans are subject to error, and the healthcare industry is not an exception.

For example in the event that a surgeon operates on the wrong side of the brain or is mistakenly using an object that is foreign during surgery, it's negligence and you could be entitled to compensation for your losses. If the error resulted in an unintentionally death, family members can also recover damages.

Economic damages may include future and present medical expenses such as income loss, loss of consortium (companionship) and pain and suffering. A jury will consider these factors in deciding how they will award you for your losses. Your lawyer will rely on experts to assist in proving your medical and non-economic damages. The experts will testify the fact that the doctor did not fulfill his or her duty of care and that the negligence directly caused your injuries.