Medical Malpractice Attorneys Most people trust that their physicians and other medical professionals will provide them with the respect they deserve. However, serious errors are possible in any health-care setting. Medical malpractice attorneys must establish that a physician breached his or his duty of care and that the breach directly led to your injury. You could be entitled specific damages that pay for any expenses that you incurred out of pocket including lost wages. The wrong diagnosis In a perfect world doctors would be able detect any health problems that patients might have and give them the correct treatment plans. Doctors are humans and are prone to making mistakes. If those errors result in a more prolonged disease, additional complications and ineffective treatment or even death, they can be considered medical malpractice. In the case of misdiagnosis the legal definition is as simple as "a inability to provide an accurate diagnosis in a timely manner." To be qualified for compensation, you must prove that your doctor failed to fulfill his or her duty of care, and that this resulted in a less favorable result for you. A specialist misdiagnosis lawyer will be able to determine whether you have an appropriate claim. You will have to show that a doctor with the same qualifications and expertise would have made the right diagnosis in a similar circumstance. The method for doing this is called differential diagnosis. This is the process of listing all conditions that can cause your symptoms and then examining each individually until a final diagnosis is established. If you can demonstrate that your doctor failed to carry out this procedure, or if they simply ignored or neglected your symptoms, you'll be entitled to claim both special and general damages. Special damages cover expenses out of pocket such as future and past medical bills, lost earnings, pharmacy charges, therapy costs and equipment purchases. General damages cover more intangible damages like pain and discomfort, loss of quality and life, and a shorter life expectancy. Failure to Diagnose Many serious medical ailments, such as heart attacks, cancer and appendicitis, are treatable when they are identified in the beginning stages. However, if medical professionals fail to recognize these conditions they could cause grave injury or even death. If doctors fail to recognize a diagnosis and fail to fulfill their professional responsibilities and could be held accountable for malpractice. A successful medical malpractice claim is based on the proof that the doctor's violation of the accepted standards of care and caused physical injury to the victim. Your lawyer will use medical documents and expert testimony to establish that the healthcare professional did not perform the same standard of care as colleagues with similar training and experience. It's important to remember that not every medical mistake that results in a missed diagnosis is a cause for a lawsuit. Certain ailments are extremely difficult to identify, particularly when they're in the beginning stages. It's crucial to visit a doctor as soon as possible when you begin to detect signs of illness. Consult a knowledgeable attorney immediately when you or someone close to you has been injured because of a failure to identify. Most medical malpractice cases are settled out of court before they reach trial. Your Fort Lauderdale failure-to-diagnose attorney will fight for fair compensation for your case. Treatment Errors We all know that medical professionals and doctors are human beings and are bound to make mistakes. When those mistakes are serious however, and lead to injury or death the patient or their family members could bring a malpractice lawsuit. Treatment errors could range from prescribing a incorrect medication to putting an instrument used for surgery in the body of a patient after surgery. It's also possible that a doctor isn't following the condition of a patient and they end up with a more serious health issue as consequence. Doctors must keep meticulous medical records for every patient they treat. These records should include the patient's medical history, the medicines that the patient is using as well as any allergies. Documentation mistakes are the foundation of many medical malpractice cases, and even a minor mistake such as placing an incorrect dosage on a prescription may cause serious harm to the patient. In New York, the burden of evidence in a medical mishap case rests with the victim. To prove that a medical professional violated their duty of caring in the course of their care, they must produce a witness who has specialized knowledge and can explain how the defendant's actions were not in accordance with the standards of care that are accepted. Parker Waichman's New York malpractice lawyers have an extensive knowledge of medicine and can review medical records in order to establish reliable theories. Negligence If a medical professional departs from the standards of care, causing injury to the patient, he/she she may be found guilty of malpractice. The standard of care is defined as the amount of expertise and prudence that a reasonable healthcare professional would have exercised under similar circumstances. Your attorney must establish 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 since they are trained to save lives on a regular basis. However, humans are susceptible to make mistakes and healthcare professionals are not any exception. If, for instance surgeons make a mistake using an object that is foreign, or performs surgery on the wrong side, this is deemed to be malpractice. You may be entitled compensation for the harm you sustained. If negligence led to an unintentional death, family members could also be entitled to compensation. Economic damages include future and current medical expenses such as income loss or loss of consortium (companionship) as well as pain and suffering. A jury will weigh these factors when deciding much compensation you will receive for your losses. Your lawyer will use expert witnesses to prove your non-economic and medical damages. The experts will testify to the fact that the doctor violated his or her duty of care and this failure directly caused your injuries.