Demanda contra Kaiser por no diagnosticar un cáncer
How can a doctor fail to diagnose cancer?
- Leucemia
- Skin cancer
- Cáncer de mama
- Cáncer de próstata
- Stomach cancer
- Cáncer de pulmón
- Cáncer cerebral
- Cáncer de ovario
Infórmese sobre sus opciones de indemnización llamando al (855) 339-8879.
What should I do to file a lawsuit against the doctor for failing to diagnose cancer?
In order to file a lawsuit against Kaiser for not diagnosing cancer, you must establish that there was negligence on behalf of the doctor. This is slightly different from the basic four points of negligence that all personal injury claims include. Medical malpractice claims require the following:- There was an actual doctor/patient relationship established between the two parties, such as being a primary care provider or the doctor that was referred to (simple advice from a doctor who is not treating you or who you are not seeing in an appropriate setting after payment or such cannot be held liable, for example)
- The doctor must have acted in a negligent manner r behaved differently from the standard (in order to determine this, other medical professionals will be used to establish what the standard procedure would be or what they would have done, and if they agree the doctor acted poorly, he can be found negligent)
- The negligent actions of the doctor must have led to an injury (in this case, the failure to diagnose the cancer led to the cancer worsening, metastasizing, or becoming more aggressive; it is irrelevant that the condition existed prior to the doctor’s actions)
- The injury or illness must have caused actual damages (some doctor errors are benign and do not result in real injuries, but a failure to diagnose cancer can be akin to a death sentence in some instances, or it can lead to loss of limbs and other sicknesses)
- Test results
- Receipts from medical appointments
- Second opinions from other doctors
- Photos and notes about injuries and symptoms you suffered after the missed diagnosis
- Medical expert statements
- Eyewitness testimonies from people who may have been with you when the diagnosis was ignored or when a doctor glossed over or did not see any cause for trouble
- Nurse statements
What can I win if I sue Kaiser for a failure to diagnose cancer?
The different forms of compensation that you can win from a medical malpractice claim against Kaiser can be enough to cover numerous damages. The value of your case will essentially be determined by the insurance agent responsible for your claim. He will consider many factors and will make an offer based on the impact of the misdiagnosis and how much of an effect it had on your life and career, or the life of another. Bear in mind that the value of a case is largely dependent on the injuries, and no two cases are the same. Our team of medical malpractice attorneys will strive to win you the following damages:- Medical expenses from the past and future to cover hospitalization, surgery, treatments, chemotherapy, radiation, physical therapy and rehabilitation, medication, and much more (these damages are not capped)
- Lost income from the past and future if you had no ability to go to work or if you cannot return in the future because of recovery time or further medical procedures
- Pain and suffering damages to cover anxiety, fear, PTSD, depression, psychological anguish, emotional scarring, and more (these damages are capped at $250,000, however)
- Punitive damages, or additional forms of monetary compensation to punish the defendant, specifically if he acted with gross negligence or intended to cause you harm due to prejudice or cruelty (these damages are often viewed as unnecessary and harsh, though, and it is hard for anyone but a skilled lawyer to secure them for a case)
- Wrongful death damages in the event that a loved one or family member died due to the misdiagnosis, which can result in funeral and burial fees, loss of consortium, loss of expected inheritance, loss of savings and income, loss of relations, pre-death medical bills, pre-death pain and suffering, and more
Más información sobre sus opciones jurídicas: llame al (855) 339-8879 to speak> with a representative now.
Our law firm will do everything in our power to win you the necessary compensation if Kaiser misdiagnosed cancer or missed the diagnosis in the first place. The doctor should be held accountable and the insurance company should be made to pay the damages.What is the statute of limitations to file a lawsuit against Kaiser for a missed cancer diagnosis?
The statute of limitations is the amount of time you have to take legal action after you have been injured or afflicted in some way. The statute of limitations varies according to the injury and case. In California, medical malpractice claims must be filed within 1 year of the discovery of the injury or cancer misdiagnosis, or within 3 years of the actual injury or cancer misdiagnosis if it was not discovered. There are some situations in which the statute of limitations can be extended, though. For example, if a minor child has a missed cancer diagnosis, the statute is three years from the date of the error. Further, there is the chance that the hospital’s health care provider or even the doctor committed some kind of fraudulent act to hide the mistake, which would further suspend the statute of limitations. Many individuals do not know that there is a timeline during which they can sue, and they are even more surprised when they try to take action and wind up being denied. It is important that you file a lawsuit as quickly as possible to guarantee that you do not miss any deadlines. Our lawyers can ensure that your case is filed with the correct agency well on time.How to Move Forward
Si desea file a lawsuit against Kaiser for failing to diagnose cancer, you should come to the Downtown LA Law Group. We have the best doctors available in the area and we will file your medical malpractice claim swiftly and with total accuracy. Our goal is to bring you the maximum settlement allowed under the law, and our aggressive attorneys will stop at nothing to win your claim. Contact our law offices to set up a free legal consultation to discuss your case. We will tell you what we think the value of your claim is and how the legal process works. We also will ensure that you pay no out of pocket fees for our case with the presence of our zero fee guarantee. We will get paid only if we win and the money will come from the settlement from Kaiser. If we lose, we get nothing. Póngase en contacto with the Downtown LA Law Group today if you wish to file a lawsuit because a doctor failed to diagnose cancer.
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