Time Limit to Filing a Lawsuit for a Misdiagnosis

It’s essential to understand that a wrong diagnosis is not necessarily grounds for a medical malpractice lawsuit. Doctors, after all, are human beings who are subject to mistakes and failures, even when they conduct themselves in a professional and responsible manner.

To put is simply, a case of medical malpractice involves a clinician deviating from the standard of care that would be exercised by other doctors, nurses, etc. under similar circumstances. Due to the failure in their professional duty of care, you suffered bodily harm that would not have occurred otherwise. So, that’s the challenging part – to show that other doctors with the same level of education and expertise would not have made the same error, so you would not have been left with the health issues you are currently dealing with.

Frankly, the standards for medical malpractice are complicated, and proving a case is extremely challenging, even when it seems like a doctor, surgeon, anesthesia tech, etc., was grossly negligent in their duties.

The deadline of 3 years is applicable in most cases of medical malpractice, but lawsuits involving minors is one notable exception. If the patient that was harmed is younger than 6 when the injury or illness occurred, the family has 3 years to file a lawsuit from the infliction of injury / failure to properly diagnose a health condition. The other option is to file a claim before the child’s 8^th birthday – essentially, within 3 years of when the child turns 5.

A missed diagnosis or failure to make a proper diagnosis can sometimes result in death, causing emotional and financial devastation to the patient’s loved ones.

Our team of wrongful death lawyers can talk to you about your rights and help you decide if filing a wrongful death lawsuit is in your best interest. If so, you can count on us to build a solid case for damages and negotiate the settlement you deserve.

Nothing can truly make up for your loss, but we know that the financial losses you are left with, not to mention the injustice you suffered, can make it difficult to move forward with your life. Our goal is to alleviate your burden and provide a sense of resolution for you and your family.

The compensation you can receive from a medical malpractice claim depends on the physical, emotional, and financial harm that was caused by a healthcare provider’s negligence. Categories of payments that you may be entitled to include:

• Medical expenses – to cover medical treatments and services that were needed due to the health issues resulting from medical malpractice. Aside from payments for doctor appointments and medications, physical therapy, hiring a home health aide, and many other services can fall under this category.
• Loss of income – lost wages due to your medical needs, or to take care of a spouse or family member who was harmed by a misdiagnosis or missed diagnosis of a serious medical condition. Based on the severity of injury and related complications,
• Pain and suffering – money to compensate a victim or their family for the physical and emotional suffering that was caused by a doctor’s negligence. Because these are intangible, non-economic damages, you will need a lawyer to help you figure out the right amount to ask for.
• Punitive damages – when a jury finds that there was gross (excessive) negligence by the defendant, the plaintiff may be awarded additional payment in the form of punitive damages. Please note that these payments only apply if your case is tried in court.
• Wrongful death benefits – a doctor misdiagnosing a patient can result in death from lack of treatment or improper treatment. In this situation, the patient’s spouse, domestic registered partner, or immediate family member may be eligible for wrongful benefits, like funeral expenses, loss of consortium, and loss of expected income and benefits.

If your life was devastated by a wrong or missed diagnosis, it’s important to keep in mind that each passing day brings you that much closer to the deadline for a medical malpractice lawsuit. With that in mind, please reach out to us 24 hours a day, 7 days a week.

Our legal team knows that every second counts, but many people put off speaking with a lawyer because of the costs that are associated with legal representation. Here at DTLA, we offer a Zero Fee Guarantee, so there is no need to worry about paying for a lawyer with experience in medical malpractice claims. You hire us for $0 out of pocket, and we agree to wait until the recovery of your settlement to collect legal fees. This way, there is no cost to your whatsoever if you don’t receive compensation at the end of your lawsuit.

We are with you every step of the way on the journey to recovery. Contact office today and schedule a free case evaluation if a doctor’s misdiagnosis caused harm to you or your loved one.

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