A study released in the Journal of the American Medical Association in 2024 revealed that 23% of patients who were transferred to an intensive care unit or who died in the hospital had experienced a missed or delayed diagnosis. Out of these errors, 17% resulted in temporary or permanent harm to the patients.
Failure to diagnose can lead to worsened medical conditions, increased treatment costs, and significant emotional distress. A failure to diagnose lawsuit can help victims seek compensation for their medical expenses, lost wages, pain and suffering, and other damages. The failure to diagnose lawsuit settlement may depend on the severity of an individual’s case.
In this article, you will learn how to file a claim and what to expect from the settlement process.
Understanding Failure to Diagnose Claims
When you are in need of medical attention, you expect your condition to be correctly diagnosed by the medical professionals who attended to your case. A wrong diagnosis could have serious consequences.
A failure-to-diagnose claim occurs when a clinician fails to notice a serious medical condition during regular practice. If you were quasi-diagnosed or undiagnosed, your health would suffer and could cause harm to your well-being.
Hospital neglect lawyer Allison R. Jacobs says you can establish a valid claim by demonstrating that your medical practitioner breached the standard of care expected of him or her and was negligent throughout the administration of your treatment.
Gathering Evidence to Support Your Case
Evidence is required to support your case and substantiate your claims. Gather compelling evidence that will show the lack of diagnosis. Obtain medical records, including test results, and highlight notes from your physician.
You should document all your encounters with health care providers. Your documentation may reveal possible missteps in care.
Seek advice from qualified medical experts who can offer guidance on the appropriate standards of care for your case. These experts, along with your lawyer, can assess the viability of your claims.
Photos, videos, or any other kinds of visual proof may give your evidence more credibility. Maintaining a detailed journal of your symptoms and experiences can be important. The journal will be used as an official record of your symptoms and to provide context for your situation.
A skilled lawyer will build up your case by using the evidence you have collected to show how the failure to diagnose affected your daily activities.
Steps to File a Lawsuit
There are key steps involved in filing a failure to diagnose lawsuit, and you must carefully follow each one to guarantee the strength of your case. Approach a skilled and reputable medical malpractice attorney for guidance on how to proceed.
Collate all related medical records and evidence to support your claim. Experienced lawyers can tell which evidence is admissible, increasing your claims’ validity.
Incorporate your claims into a relief petition and submit it to the appropriate court to initiate complaint proceedings. Your submission should comply with your state’s statute of limitations.
Once the case is filed, your attorney will contact the opposing party. Prepare for possible negotiations for settlements or trial.
The Legal Process and Timeline
Understanding the legal process and timeline of a failure to diagnose case is important and significantly influences the outcome of your case.
The defendant is expected to respond to your complaint, usually within 30 days. After this, there will be a discovery phase wherein both parties will be exchanging evidence and testimonies. The discovery phase can take several weeks, sometimes even months.
After discovery, mediation or settlement talks may take place. If the issue remains unresolved even after this, the trial will commence and could take a year or more, depending upon the court’s calendar.
Once the verdict is read, either party may file an appeal, which could lengthen the timeline of the case. Throughout this process, it is important to stay organized and maintain communication with your attorney. Building a positive working relationship with your lawyer helps keep your case on track.
Factors Influencing Settlement Amounts
There are several elements that can affect settlement amounts. One of these elements is the severity of your injury. The more serious your injury, the greater the settlement amount.
Your current and future medical expenses will have an impact on your compensation. Lost wages and the impact on your quality of life can also influence the final amount.
Another factor would be the strength of the case itself, including evidence and witness corroboration. Presenting clear and solid evidence can have an effect on negotiations.
Being aware of these factors will help you set realistic expectations as you move forward with the lawsuit.
Founder Dinis Guarda
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