Heart Attack Information
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.
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’s better to be safe and have a clear diagnosis than for the doctor to claim the wrong diagnosis.
How to Sue for a Heart Attack Misdiagnosis
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.
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 – 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.
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.
If there were any eyewitnesses who could attest to the doctor’s 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.
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. Your incident report will alert them to your intention to file a medical malpractice claim.
Finally, it is highly recommended that you search for the assistance of an expert 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.
Medical Malpractice Statute of Limitations
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.
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.
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.
Compensation from a Medical Malpractice Lawsuit
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’t have to worry about the ensuing costs. We will pursue the following forms of restitution for your claim:
Medical expenses, which may include bypass surgery, hospitalization, medication and prescription drugs, physical therapy and rehabilitation, and future medical treatments. It is important to understand that medical expenses have no upper limit in medical malpractice claims, so you can recover as much as possible for the expenses accrued in the hospital and afterward.
Missed income, which you can receive if you were out of work for a period of time because of your injuries, or if you will not be able to work in the future due to recovery time or other medical treatments. You can receive coverage for tips, commissions, benefits, bonuses, and more.
Property damage, which can include any personal belongings that were lost or damaged in the incident, but this is uncommon in medical malpractice cases
Pain and suffering damages for psychological damages, such as fear, anxiety, PTSD, and mental stress. However, in medical malpractice lawsuits, these damages are capped at $250,000.
Punitive damages, which are additional forms of monetary compensation that are handed out in times of gross negligence or when the defendant exhibited the intent to cause harm. Only a skilled lawyer can win these for you, as they are viewed as excessive by many courts and judges.
Wrongful death damages, which can be awarded in the event a family member or loved one passed away because of the negligent actions of a doctor. It is possible to have funeral and burial expenses covered, as well as a loss of consortium, loss of inheritance and expected savings, pre-death pain and suffering damages, and pre-death and medical expenses.
The average settlement value of a heart attack misdiagnosis can range from a few thousand dollars to millions. This is because the doctor must often act quickly, and if he does not recognize the symptoms, he could easily contribute to the death of the patient. Heart attack misdiagnosis cases sometimes net well over $250,000 even if the individual makes a quick recovery and does not have lasting damages. The main reason that so many heart attack misdiagnosis cases have such high settlements is because of the extensive time spent in the hospital undergoing observation and treatment. Then, there are treatments that must be completed afterward.
Free Second Opinion on Your Case
Clients often come to us with questions about the average payout for a heart attack misdiagnosis. They may have legal representation already, but they are unsure if their current lawyers are acting in good faith. Their attorneys may not actually be skilled medical malpractice lawyers, and they could have no idea how to navigate that area of law. In truth, many lawyers will take on numerous claims at once and do the smallest amount possible to bring a settlement to the victim. They will not fight very hard or negotiate very aggressively. For these attorneys, it is more efficient and worthwhile to accept the first offer from the insurance agency so that they can collect their checks and move on to the next claim. They may pressure you into trying to accept the first offer, which might not cover all the expenses at all. The hospital won’t even pay for all of the treatments, and the insurance company won’t have to issue a large payout. Some medical malpractice claim average value amounts are inflated by law firms, so you should be careful when you consider offers. They will try and tell you that you’re actually receiving a good deal when you’re being cheated.
If you call us about the average value of a heart attack misdiagnosis claim, we will give you a free second opinion on the status of your claim. If we believe you can earn more than what your current lawyer is claiming to bring you, we will give you advice on what route is best for you to follow. We believe that all clients should have fair representation and should not be placed behind the earnings of a law firm.
Our Firm’s Goal
The Downtown LA Law Group will do everything possible to win your claim for you. We will stop at nothing to ensure that your medical malpractice lawsuit is a success. Our attorneys are known for being aggressive and for never giving up on claims. For a free legal consultation and to learn more about our zero fee guarantee, call our law offices today. Our goal is to win you the maximum compensation under the law for your missed diagnosis of a heart attack by a doctor.