When you visit a health care provider for help with painful symptoms or just for a checkup, you trust them and expect to hear the truth. However, health care professionals can make mistakes, and you should not have to suffer further maladies because of their mistakes.
If you or your loved one suffered because of an inaccurate or late diagnosis of a medical condition, you could be a victim of medical malpractice. The Society to Improve Diagnosis in Medicine reports that diagnostic errors affected about 12 million people in the United States every year, with as many as 80,000 people dying.
A Los Angeles inaccurate or late diagnosis lawyer could help you pursue a medical malpractice case to receive compensation for your losses. Call the team at Pintas & Mullins Law Firm today at (800) 614-2067 to schedule a free, no-obligation consultation. We work on contingency, so you will not owe us anything unless we can secure an award.
Inaccurate or Late Diagnoses and Medical Malpractice
Johns Hopkins Medicine found that diagnostic errors accounted for the most medical malpractice claims over a 25-year period and posed the most risk to patient safety. Diagnostic errors are more widespread than treatment errors and cause more pain and expense.
An inaccurate or late diagnosis of a patient’s medical condition can lead to a lack of treatment, worsening health outcomes, an illness progressing to an untreatable stage, and even death. Several studies have concluded that up to 15 percent of diagnoses are incorrect.
Wrong or delayed diagnoses of an illness or other medical condition often form the basis of medical malpractice lawsuits. However, not all diagnostic errors qualify as medical malpractice. To prove medical malpractice in your case, a Los Angeles inaccurate or late diagnosis lawyer can help you:
- Establish the doctor-patient relationship: The first step in proving medical malpractice is to show that the plaintiff was under the care of the defendant. This step is typically the easiest part of the case.
- Prove that negligence occurred: For an inaccurate or late diagnosis to rise to the level of medical malpractice, the diagnostic error must result from the doctor or other health care provider’s professional negligence. According to Code of Civil Procedure (CCP) § 340.5, professional negligence is “a negligent act or omission to act by a health care provider in the rendering of professional services.” A diagnostic error becomes medical malpractice only when the health care provider fails to provide the expected standard of care.
- Show injury because of negligence: Finally, medical malpractice cases require that the health care provider’s negligence caused the patient further injury or suffering, which was not a result of the original medical condition.
Medical malpractice can be difficult to prove, but the team at Pintas & Mullins Law Firm does not shy away from tough cases. Our Los Angeles inaccurate or late diagnosis lawyers will fight for you to receive the compensation you deserve. Contact us today so we can review your medical malpractice case.
Recoverable Damages for Medical Malpractice
If you or your loved one received an inaccurate or late diagnosis because of medical malpractice, you might be entitled to receive compensation for your losses. Economic damages you could recover include the cost of your medical expenses—such as doctor visits, surgeries, hospital stays, and medications—as well as funeral and burial expenses if your loved one dies due to their injuries.
You might also recover noneconomic damages after medical malpractice, although Civil Code (CIV) § 3333.2 limits this type of award to $250,000. The statute lists the following noneconomic losses you could recover:
- Physical impairment
- Other nonpecuniary damage
You should not have to suffer further after experiencing medical malpractice by paying for the costs yourself. Suing to recover damages could help you to find closure after this incident. It might also prevent more negligent actions from occurring in the future by holding the health care provider responsible for their actions.
For a free legal consultation with a Inaccurate or Late Diagnosis Lawyer serving Los Angeles, call (800) 794-0444
How the Statute of Limitations Could Affect Your Case
A statute of limitations is a law that puts a time limit on how long you have after a wrongful event occurs to pursue legal action. In California, the statute of limitations for medical malpractice is three years after the malpractice occurs or one year after the patient discovers it, whichever comes first.
After this time limit has passed, you usually cannot recover any damages. However, a few exceptions to the statute of limitations exist, so you might want to consult a Los Angeles inaccurate or late diagnosis lawyer to discuss your options.
Los Angeles Inaccurate or Late Diagnosis Lawyer Near Me (800) 794-0444
Pintas & Mullins Law Firm Is Here to Help You
When you suffer from the negligence of a health care provider, you deserve to receive justice through compensation. The Los Angeles inaccurate or late diagnosis lawyers at Pintas & Mullins Law Firm can help you fight for the justice and compensation you deserve. To prove your medical malpractice case, our team might:
- Review your pertinent medical records.
- Obtain photographic or video evidence of your injuries.
- Examine the defendant’s diagnostic methods and how they compare to other doctors in their specialty.
- Interview eyewitnesses and gather statements.
- Consult medical experts in the same field.
- Review medical malpractice insurance policies.
- Negotiate with insurance providers and opposing counsel.
We can also identify what damages you could recover and calculate the value for all your losses. While most medical malpractice cases settle out of court, we can argue your case in court if necessary. Our team can handle the necessary communication between all parties so you can focus on healing.
Call our team today at (800) 614-2067 for a free consultation. Our Los Angeles inaccurate or late diagnosis lawyers will fight for a just settlement for your medical malpractice case. Because we work on contingency, you will not owe us anything unless we recover an award for you.