Medical Malpractice Attorneys Many people believe that their doctors and other medical professionals will provide them with the treatment they need. Unfortunately, serious mistakes can occur in almost every type of health care setting. Medical malpractice lawyers must prove that a physician violated his or her duty of care and that this breach directly led to the injury you suffered. You could be entitled to special damages that reimburse you for any out-of-pocket expenses, including the loss of wages. Undiagnosed In a perfect world doctors would be able determine the cause of any health issues that patients might have and provide them with the appropriate treatment plans. However, the truth is that doctors are human and occasionally they make mistakes. And if these mistakes cause a prolonged illness, additional complications, ineffective treatment, or even death, they could be deemed medical malpractice. A misdiagnosis is defined in law as "failure to give a proper diagnosis in a timely manner." To be eligible for damages, you have to prove that your doctor did not fulfill their duty of care, and this resulted in an adverse clinical outcome. A specialist misdiagnosis lawyer can help to assess whether you have an appropriate claim. You must demonstrate that an individual with the same qualifications and skills would have made the right diagnoses in a similar scenario. This is accomplished by using the concept of differential diagnosis. It involves identifying the possible diseases that could cause your symptoms, and then evaluating each until a final diagnosis is identified. If you can demonstrate that your doctor failed to complete this procedure or if they didn't pay attention or didn't notice your symptoms, then you will be entitled to recover both general and special damages. Special damages cover out-of-pocket expenses like future and past medical bills, lost earnings, therapy costs, pharmacy charges, and equipment purchases. General damages include more intangible losses, such as pain and suffering loss of quality of life, and a shortened life duration. Failure to recognize Many serious medical conditions, such as cancer, heart attacks and appendicitis can be treated when identified early. If medical professionals fail in recognizing these conditions and causing them to cause severe injuries or even death. When doctors fail to diagnose a patient, they are not performing their duties as professional. They could be held accountable for negligence. A successful medical malpractice case rests on proving that the doctor did not follow the accepted standard of care, causing physical injury to the patient. Your lawyer will use medical records and expert testimony to prove the healthcare professional did not practice the same level of care as peers who have similar qualifications and experience. It's important to remember that not all medical errors that lead to missed diagnoses are cause for a lawsuit. Certain conditions are difficult to diagnose, especially if they're in the very early stages. It's essential to see a doctor as soon as you start to feel the symptoms of an illness. If you or someone you love has been injured due to the inability to recognize the cause, you should consult a seasoned attorney as soon as you can. Most medical malpractice cases settle out of court before they go to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to ensure you receive fair compensation for your case. Treatment Faults We all know that doctors and medical staff are human beings, and are bound to make mistakes. When the errors are serious however, and lead to injury or death the patient or their family could make a claim for malpractice. Treatment errors range from prescribing a wrong medication to putting an instrument in the patient following surgery. It's also possible that a physician isn't able to follow any changes in a patient's health and they suffer a deterioration of health issue as in the process. Doctors are required to keep meticulous medical records for every patient they treat. The records includes medical history, list of medications the patient takes, and any allergies they suffer from. Documentation errors are the basis of many medical malpractice cases even a minor mistake like putting an incorrect dosage on a prescription can result in serious consequences for a patient. In New York, the burden of 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 witnesses with specialized knowledge and can show how they failed to meet the standards of care that are accepted. Parker Waichman's New York malpractice lawyers have an in-depth understanding of medicine and are able to review medical records to form solid theories. Negligence If a medical professional strays from the standard of care, causing harm to the patient, he/she she may be liable for negligence. 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 prove that the doctor violated the standard of care and that his negligence caused your injuries. It is difficult to prove in a malpractice claim because healthcare professionals are held to a higher standard than the average person because they are trained to save lives on a daily basis. Humans are prone to errors and the medical industry is no different. If, for example, surgeons mistakenly use an object from another country or operates on the wrong side, this is regarded as negligence. You could be entitled to compensation for your injuries. If the error caused the death of a loved one, family members could also be entitled to compensation. Economic damages are based on the current and future medical costs and income loss, loss of consortium (companionship) as well as pain and suffering. A jury will weigh these factors when deciding how much they will award you for your losses. Your lawyer will use expert witnesses to establish your medical and non-economic damages. Experts will testify to the reality that the doctor breached his duty of care and that the negligence directly caused your injuries.