{"id":32628,"date":"2021-01-05T22:29:03","date_gmt":"2021-01-05T22:29:03","guid":{"rendered":"https:\/\/downtownlalaw.com\/?page_id=32628"},"modified":"2026-06-14T12:02:32","modified_gmt":"2026-06-14T12:02:32","slug":"heart-attack-misdiagnosis-medical-malpractice-lawyer","status":"publish","type":"page","link":"https:\/\/downtownlalaw.com\/es\/practice-areas\/medical-malpractice\/heart-attack-misdiagnosis-medical-malpractice-lawyer\/","title":{"rendered":"Abogado de negligencia m\u00e9dica en infarto de miocardio"},"content":{"rendered":"

Heart Attack Misdiagnosis<\/h1>\n
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Heart Attack Information<\/span><\/p>\n

A heart attack is a serious occurrence that is usually met with a visit to the emergency room. A stent may be placed in the heart to ensure that it continues to work properly, or a surgery may be required to open the valves or aortas. There are some obvious signs of a heart attack, such as chest pain, lightheadedness, nausea, irregular heartbeat, and more. In men, a telltale sign is numbness or tingling in the left arm; women have a wider array of symptoms. <\/span><\/p>\n

A doctor may not listen to your description of the symptoms, though. It is possible to be having a heart attack and still be able to function normally. This can cause many doctors to dismiss the symptoms, and they will outright miss the diagnosis. A failure to detect a heart attack or a failure to diagnose a heart attack can result in the individual being sent home, where he or she may inevitably succumb to the issue and die. It is highly recommended to press the issue and request an immediate test to determine if you are having a heart attack. It\u2019s better to be safe and have a clear diagnosis than for the doctor to claim the wrong<\/a> diagnosis. <\/span><\/p>\n

How to Sue for a Heart Attack Misdiagnosis<\/span><\/p>\n

In order to file a claim based on a misdiagnosis for a heart attack, you must be able to prove that the doctor was negligent in some way. There are four points that must be shown as true. You must have had an established doctor\/patient relationship with the doctor, the doctor must have breached his duty of care in some way, the breach of duty must have resulted in an accident or incident, and the incident must have resulted in physical injuries. It will also be required that other doctors testify that they would not have acted in the same manner under the same or similar circumstances. If the other doctors confirm that they would have spotted the symptoms of a heart attack and would have treated it accordingly, the doctor who misdiagnosed you could be held liable. The hospital may also be held accountable as well. <\/span><\/p>\n

As soon as you have been discharged from the hospital, you should gather your evidence against the doctor. You should hold on to all medical receipts, insurance billings, treatment notes, and more. You can also go to another hospital to see if there were any other issues that were missed. You should not hesitate in going to the doctor \u2013 if you do, you may risk other complications going undiagnosed. Further, a delayed visit may spell disaster for your claim. The insurance agent can claim that because you took so long to get a follow up, there was actually no harm done. <\/span><\/p>\n

Next, if possible, you should take photos of your injuries and damages to show any severity. A misdiagnosis of a heart attack may not have any external evidence on your body, though.<\/span><\/p>\n

If there were any eyewitnesses who could attest to the doctor\u2019s wrongful or negligent actions, such as nurses or other patients who were in the emergency room, you should try to get their information and record their statements and testimonies for your claim. It can be hard to get employees or hospital workers to testify on your behalf, though, as they could potentially put their own jobs at risk by doing so.<\/span><\/p>\n

You should be ready to alert your insurance company that you were misdiagnosed and that you are pursuing a claim to recoup the expenses. You can also file an incident report with the hospital so they have a record of the negligence<\/a>. Your incident report will alert them to your intention to file a medical malpractice claim. <\/span><\/p>\n

Finally, it is highly recommended that you search for the assistance of an attorney who has experience in heart attack misdiagnosis malpractice lawsuits. You might not have legal experience, the knowledge of how to negotiate, the time to spend on a lawsuit, or any other reason to move forward. You should simply focus on recovery, as the increased stress could greatly impact your recovery time. <\/span><\/p><\/div>\n

Medical Malpractice Statute of Limitations<\/span>\n

All medical malpractice cases have a statute of limitations that you must adhere to. If you try to file a claim beyond this date, then you will not be able to receive any compensation for your damages. In California, you have one year from the injury itself or three years from the discovery of the injury to file a lawsuit against the doctor or hospital. It is important that you keep a record of relevant dates, such as when you first visited the doctor, when you went to the hospital during your heart attack, and more. <\/span><\/p>\n

There are scenarios in which the statute can be temporarily extended beyond the two-year deadline. It is rare in heart attack misdiagnosis cases for the patient to be underage, but if that were the case, the deadline would not begin counting down until you turn legal age at eighteen years old. It is possible that you were left mentally or physically incapacitated after the incident, in which case your statute would be frozen until you return to functional health or awareness of mind. Moreover, if the doctor left the state or the country, the deadline would not begin counting down until he returned to California. <\/span><\/p>\n

Many individuals do not file misdiagnosis lawsuits on time because they do not know how long the statute of limitations is or because they try to take legal action too late. It is extremely important that you speak with a skilled medical malpractice attorney to determine how much time is left on your case. We will be sure to file all your documents on time and there will be no chance of any deadlines being missed. <\/span><\/p>\nCompensation from a Medical Malpractice Lawsuit<\/span>\n

The value of your claim will be determined by the insurance agent handling the case. You should be aware that the extent of your injuries, the impact they had on your life and career, your age, your job type, and more will all be used to weigh the value of your claim. Our goal is to ensure that you are fully compensated for the injuries you suffered, and you should not have to pay a single dime to cover these expenses. The costs of a heart attack can be huge, and you shouldn\u2019t have to worry about the ensuing costs. We will pursue the following forms of restitution for your claim:<\/span><\/p>\n