Cancer is one of the most devastating experiences. A misdiagnosis can be even more so, as you may not know for years that you were suffering from cancer, and it’s only when you get a second opinion that you find out they could have done their job better and your prognosis would have been entirely different. Here are some steps to take if this happens to you in order to claim your rights and get compensated for your suffering.
How can I find the right lawyer?
The most important thing you should do when looking for your lawyer is to make sure they specialize in malpractice cases like this one, otherwise, they may not know what to do. Once you’ve established that, make sure they have strong references and preferably some trial experience as well. If you are not sure where to start, and you live in Philadelphia, for example, googling “Philadelphia cancer misdiagnosis lawyer” will show you all available options in the area you specified, so don’t hesitate to do some research and read reviews online! You can also contact your state’s bar association to see if they have any information about the attorney or if anyone has filed a complaint against them, so check before hiring them. This step is important because it ensures you get the best service possible from someone who knows how to help you reach your goals with this case.
What are the damages involved in a misdiagnosis case?
Possible compensation can come from several different sources, including general damages for things like emotional trauma or loss of quality of life, hospital fees, or medical expenses that you were forced to pay when they could have prevented it with the correct diagnosis at first, special damages for financial losses caused by their negligence. When you’re looking into this possibility, don’t hesitate to contact an attorney specializing in medical malpractice because there are laws in place to protect you. They will normally meet with people free of charge and if they believe you have a good case, they can take it on contingency which means even if they lose, they still get paid part of what the client is awarded. This is a good option because it brings justice to those who deserve it and makes money for attorneys.
What is the actual process?
Once an attorney has determined they will take your case, the first thing you’ll do is sign a contingency fee agreement, so there are no surprises later on about how much you owe them after they win. They might also call for medical records and ask what happened, so they can get prepared for trial. The length of time it takes before trial depends on how quickly both sides gather evidence, but usually ranges between 6 months to 2 years, with most cases taking about 18 months.
The next step is discovery, which involves working together to establish what was done wrong, gathering depositions (depositions are the testimonies under oath of people involved in your misdiagnosis with testimony from yourself and other witnesses under oath), and use of experts like doctors or other medical personnel if necessary.
Can I sue the hospital as well?
Yes, you can sue hospitals for misdiagnosis cases because they are equally responsible for ensuring their diagnosis is correct before letting their patients leave. They have an obligation to treat you properly, so this shouldn’t happen to anyone who walks through their doors. If it does, then they need to take responsibility for that mistake just like any other institution would.
You can file a claim against them in addition to the claims against your doctor, which means even more money coming into your pocket thanks to all of these mistakes. This also ensures that others will think twice about doing something similar because they know there are consequences now.
What are the most common causes for misdiagnosis?
Doctors can fail to see that something serious is happening to you because they look at the outward signs and don’t know how to read between the lines, sometimes. They can also simply say it’s not their job anymore, which means your case gets passed on to someone else who might also miss things or give bad advice. Oftentimes, this happens when doctors try diagnosing based only on what they see so if you tell them you’re suffering from something else like depression or even fatigue caused by stress, they need to listen and take it seriously. Even if one test shows nothing wrong, there may be another that looks off, doctors must treat every patient as an individual instead of lumping them together.
If you are suffering from cancer, it’s important to know that a misdiagnosis is something that can be devastating. The article above will provide information about how to find the right lawyer and what steps you need to take in order for your claim to have any chance of success. It also highlights some common causes for misdiagnosis, which include doctors who do not investigate or listen fully when patients tell them they’re experiencing other symptoms as well.
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