Fort Lauderdale Misdiagnosis Lawyer
Fort Lauderdale Misdiagnosis Lawyer
Info about Misdiagnosis in Florida Medical Malpractice Cases
While many people rely on doctors to accurately identify any issues with their health, doctors can sometimes be negligent in doing so, which may lead to misdiagnosis. Those who are not correctly diagnosed can incur serious and sometimes permanent injuries.
In what situation could I get misdiagnosed?
Though doctors are not expected to perfectly diagnose the issues in a person’s body, they are expected to take proper precautions and make sure they explore every avenue of possibility before making a diagnosis. Failure to properly identify a disease can lead to the problem getting worsened either by taking its own course or using the wrong medication. Some common misdiagnoses include the following:
- An incorrect reading of a test such as an MRI or x-ray
- Failure to report a blood test in a reasonable amount of time
- Errors in recording medical history or failure to adequately question a patient
- Inability to recognize a disease or symptoms and treat it accordingly
- Failure to follow-up with a patient
- Failure to instruct further testing when necessary
A doctor could also tell a healthy patient that they are sick, which could result in actual sickness, stress, or wasted expenses. A person can recover their losses for this mistake as well.
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Get Free Advice From An Experienced Personal Injury Lawyer.
Determining If Your Doctor Was Negligent
Much of a misdiagnosis claim is based on what a reasonable doctor would have done in your physician’s position. The prosecution must prove that the doctor was incompetent or did not provide a realistic standard of care. This involves investigating a doctor’s method of diagnosis, called differential diagnosis. A trained physician will evaluate a person’s issue by observing them and asking questions about their symptoms, as well as medical history.
The doctor should then make a list of all possible diagnoses according to which is the most likely to be true. He should then order tests to be taken or refer the patient to the appropriate specialists so that they can figure out what is wrong. In an ideal situation, only one diagnosis will remain.
In an emergency situation, chances of misdiagnosis are much higher because medical professionals do not have as much time to investigate the situation. Doctors should still be held accountable, however, if they do not make a reasonable decision. Emergency situations that are often misdiagnosed include strokes, appendicitis, heart attacks, and pulmonary embolism.
Personal injury attorneys Craig Posner and Eric Feingold are both excellent attorneys, but more importantly, they are excellent people. I have seen first hand their hard work and dedication to clients. I would not hesitate to recommend their services to others.
– Matthew T.
Seek Representation from Qualified Legal Professionals!
Medical malpractice cases are often quite difficult to prove because there is so much information needed. Not only must the victim show that they suffered misdiagnosis, but an expert must also confirm the standard of care that should have been performed. In addition, each state has their own laws that protect hospitals and doctors to varying degrees. In light of this, you should make sure that you have lawyers that are suitably qualified for this monumental task.
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Fortunately, the Fort Lauderdale medical malpractice attorneys at Ace Your Case, P.A. are well-qualified to make sure that you are protected. Our firm is committed to making sure that you get individualized attention so that we know every detail of your case. Rest assured that we will put your needs as a top priority to see to it that you get the compensation you deserve. Contact us at 954-268-1160 for more information about how we can get started on your case, today!
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Plantation Personal Injury FAQs
When Is It the Right Time to Call a Personal Injury Lawyer?
The right time to call is as soon as possible after your accident. There are many reasons why you need to begin the legal process as quickly as you can. The legal process may even begin without you, with many calls from the insurance company trying to either rush you or to pressure you to give a statement. They may try to catch you unaware and trick you into compromising your legal rights. Hiring an attorney could prevent this from happening.
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Equally important, as time passes from the time of your accident, the evidence that could help your claim can become harder to find. People might quickly clear the scene of the accident, and you may lose the ability to contact witnesses. The witnesses that you have may begin to lose their recollection of what they saw. When you hire a personal injury lawyer, they will get to work immediately to gather the evidence before it is lost.
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Calling a lawyer to get started on your case is a crucial step in the legal process. Knowing that you have someone on the job with the experience and tenacity to fight for you can give you at least some peace of mind during an undoubtedly difficult time.
How Do Insurance Settlement Negotiations Work?
An insurance claim is just like any other negotiation. You have a number in mind for what you think that you should receive for your injuries, and the insurance company has a much lower number in mind for what it wants to pay. Your insurance claim begins when your Plantation personal injury attorney files a demand letter with the insurance company. This is when the adjuster goes to work to try to save money for their bosses.
The insurance adjuster may outright deny your claim or question liability. They may come back with a settlement offer. When the number seems low, and it will, know that this is just their opening offer. Your Plantation injury attorney will likely reject the offer and respond with your own demand.
Eventually, you will lower your number, and the insurance company will raise theirs, and you could meet somewhere in the middle. This is a time-honored dance that personal injury lawyers have been doing with insurance companies since the advent of courtrooms. Even when you seem very far apart from the insurance company, most cases eventually will settle.
What Happens After I File a Personal Injury Lawsuit?
Filing a personal injury lawsuit is an early part of the claim process. Most cases will never go far enough to see the inside of a courtroom. Statistically speaking, a vast majority of personal injury cases are settled out of court. However, if your case does make it to court, you should expect going into it that the trial process may take one to two years to complete. The legal system is far from rushed, as courts and judges have busy schedules and full dockets.
In the short term, you can expect motions and attempts to obtain evidence. Many people associate a lawsuit with a trial, but that only happens after many months of the nuts and bolts of the legal system. The phase of your case that will take the longest time is discovery. This is when the two sides obtain evidence that the other has in their possession. At this point, you may even need to sit for a deposition.
Filing a lawsuit will not cut off settlement negotiations. As was previously mentioned, most cases will settle without a trial. If anything, litigation may give each side more incentive to settle. The two parties usually continue negotiating right up until the point when the jury is seated.
What Evidence Can Prove My Injury Claim?
Negligence is the basis of every personal injury claim. When you file a lawsuit in court, you have the burden of proof. It will be up to you to show that what you say is more likely than not to have happened. You need to back your claim up with evidence.
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Your Plantation personal injury lawyer will work to gather things that can backup your side of the story, including:
— Witness statements from people who say your injury or accident
— Pictures of the scene of your accident
— Security camera footage
— Expert witness testimony that could reconstruct the accident
— Maintenance logs of the area or vehicle involved
— Medical records that can help prove damages
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These are things that can be difficult to get on your own and piece together to tell the story of what happened. Injury lawyers in Plantation, Florida, know how to both get the evidence and use it to prove that someone else was responsible for your accident.
What if I Cannot Work Due to My Injuries?
Your personal injury damages include both economic and non-economic compensation. Economic compensation aims to pay you back for the actual money that you lost. This includes bills that you paid and earnings you lost. This specifically pays you back for lost wages from your job when you are unable to work. Since you would have worked, this is money out of your pocket.
Lost wages in a personal injury settlement are much broader than you think. Of course, this includes the time that you have already missed from work. It also encompasses time that you will miss from work in the future. You do not need to outright miss work to receive compensation for this. For example, if you were qualified for a promotion but cannot get it now because your injury limits you in the type of work that you can do, you can get compensation for the reduction in your earning capacity.
Lost wages are often a very contested part of your personal injury claim because you can bet that the insurance company will see things differently to try to lower its bill. They may dispute what your possible earnings are or use a lower rate of inflation to calculate what they may be in the future.
Hear It From Our Clients
“Ace Your Case Excellent Attorneys”
Personal injury attorneys Craig Posner and Eric Feingold are both excellent attorneys, but more importantly, they are excellent people. I have seen first hand their hard work and dedication to clients. I would not hesitate to recommend their services to others.
“Great Guys Who Take Their Job Seriously”
Great guys who take their job seriously. They took care of me when I had my accident and made sure I was walked through 100% of the way.
“Pleasure And Blessing To Have Ace Your Case Represent My Family”
It has been a pleasure and blessing to have Ace Your Case represent my family. They always kept me updated on our case. The staff was excellent they always got back to me on questions I had. I highly recommend them and will continue to use them if needed.
“Not Only Very Efficient But Caring As Well”
These lawyers are not only very efficient, but caring as well. I would not hesitate to refer them to anyone.
“I Highly Recommend Them!”
Big thanks to Eric and Doug for doing a great job with the handling of my auto accident. I highly recommend them!
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