Lakeland Misdiagnosis Errors Lawyer
When seeking medical help, we put our trust in the hands of healthcare professionals, expecting them to diagnose and treat our ailments accurately. A misdiagnosis, however, can have devastating consequences, transforming a manageable condition into a life-threatening one or forcing you to undergo unnecessary treatments.
If you or your loved one has been the victim of a misdiagnosis error in Lakeland, you may have the right to seek compensation for your emotional, physical, and financial distress.
An experienced Lakeland misdiagnosis error lawyer from Fernandez Firm Accident Injury Attorneys can handle your claim, seeking the maximum compensation available.
Why Choose Fernandez Firm Accident Injury Attorneys?
Fernandez Firm Accident Injury Attorneys has a proven track record of successfully handling misdiagnosis errors, fighting relentlessly to secure maximum compensation for victims.
With years of experience and an unwavering commitment to justice, we bring our professionalism, experience, and compassion to bear in every case.
Our attorneys have had immense success in securing substantial compensation for victims of misdiagnosis errors. We reaffirm our commitment to justice with every victory, wielding our legal acumen to balance the scales. Our track record paints a vivid picture of our dedication and ability to navigate the legal battlefield.
Located in Lakeland, we’ve positioned ourselves within easy reach for your convenience.
Schedule a Free Initial Consultation Today!
Misdiagnosis Errors Compensation
A study published by the National Library of Medicine defines misdiagnosis errors as a failure to establish a timely and accurate explanation for a patient’s health problem.
Diagnostic errors, such as misdiagnosis, account for up to 17 percent of adverse outcomes in hospital settings. In most cases, healthcare providers don’t misdiagnose conditions on purpose, but errors and a failure to provide the appropriate standard of care can lead to these life-threatening mistakes.
If you’ve sustained an injury due to a trusted healthcare professional’s negligence, you can pursue compensation. This compensation can cover a vast range of damages you may have incurred, such as exorbitant medical expenses, lost earnings due to time off work while recovering from your injury, and the emotional pain and suffering you’ve endured.
Research from Johns Hopkins Medicine reveals that diagnostic errors are the leading medical malpractice claim. These claims account for the largest portion of medical malpractice payouts, as this type of error results in death or disability nearly twice as often as other types of medical negligence.
At Fernandez Firm Accident Injury Attorneys, we strive tirelessly to secure maximum compensation for our clients. Our meticulous approach to gathering and presenting evidence allows us to demonstrate negligence and build a compelling case.
Misdiagnosis Errors in Lakeland
According to the Society to Improve Diagnosis in Medicine, diagnostic errors, such as misdiagnosis, are among the most common medical errors in the United States, and there are an estimated 40,000 to 80,000 deaths each year due to such mistakes. More than 12 million Americans experience diagnostic errors annually, with at least one-third of those patients suffering serious harm.
Patients in Lakeland have several regional medical facilities where they can seek care, including Lakeland Regional Health Medical Center.
Healthcare facilities in Lakeland, however, are not immune to misdiagnosis errors—healthcare providers can make these mistakes even in the most highly-rated medical facilities.
Understanding Misdiagnosis Errors
A misdiagnosis error occurs when a healthcare professional either misses or incorrectly diagnoses a medical condition or significantly delays a diagnosis.
Healthcare providers may make misdiagnosis errors for several reasons, including:
- Fragmentation of healthcare, with many patients seeing different providers rather than a single doctor who has a complete picture of their health.
- Inexperienced providers who may not recognize the symptoms of an illness or understand when it’s time to order diagnostic tests.
- Failure to properly read the information that diagnostic tests provide and use that information, in combination with a thorough patient history and a physical exam, to develop a proper diagnosis.
- Failure to take the time to completely understand a patient’s history and symptoms.
- Failure to follow up with the patient to assess whether the condition has improved or worsened and whether the current treatment is correct.
Medical negligence can have dramatic health consequences, including untreated or worsened conditions, inappropriate or unnecessary treatments, and emotional distress.
Battling Insurance Companies
As the Insurance Information Institute explains, medical malpractice insurance is a type of professional liability insurance that doctors, hospitals, and other healthcare providers carry as protection from legal claims due to their own negligence or the negligence of other providers under their direction and supervision.
Most medical doctors face at least one malpractice claim during their careers.
State law requires healthcare providers in Lakeland to carry at least $100,000 in medical malpractice insurance per incident, with at least $300,000 in aggregate annual coverage. Providers who wish to have privileges to see patients at hospitals must obtain a policy with at least $250,000 per incident and $750,000 in aggregate annual coverage.
While providers must obtain this insurance to compensate claims resulting from their negligence on the job, insurance companies’ aim is not to pay out on these claims; rather, they’re in the business of selling more policies. For this reason, dealing with insurance companies in misdiagnosis error cases is daunting.
They often use hardball tactics, complicating the claim process. Fernandez Firm Accident Injury Attorneys have significant experience in these battles. We confidently navigate the tough terrains of insurance laws and regulations, confronting obstacles and ensuring that you receive fair compensation.
Medical malpractice claims tend to be more intricate than other personal injury claims. They involve additional legal requirements, making it challenging to discern the exact nature of the error.
Adverse outcomes don’t necessarily stem from mistakes, and not all mistakes lead to viable medical malpractice claims against a provider’s insurance. To pursue compensation in such a claim, two critical elements must be present: an error and resultant patient injury directly attributable to that error.
Investigating the Claim
When a misdiagnosis error occurs, an experienced medical malpractice attorney and their legal team will thoroughly investigate the incident to determine who was at fault and what insurance resources they have. They will also begin gathering evidence, such as medical documentation revealing the error or showing the types of treatments the patient received after the error came to light.
Doctors with privileges at a hospital will generally have a medical malpractice policy to cover their errors or the errors staff under their direction or supervision make.
Healthcare facilities, such as hospitals or clinics, will also have insurance to cover issues arising from the facility itself and the actions of the facility’s employees. Determining which policy or policies cover the negligence that led to the misdiagnosis is essential.
Establishing a Value
One of the most time-consuming parts of a medical malpractice claim is waiting for your lawyer to establish a value.
Most attorneys wait until you have reached maximum medical improvement to establish your case’s value, as this is the point when your condition has stabilized and your doctor has determined that further medical treatment is unlikely to have additional benefit.
At this point, an attorney can more accurately establish the presence of permanent injuries that may result in future medical expenses and lost earning capacity.
Filing a Notice of Intent
One of the differences between medical malpractice claims and other personal injury claims is the requirement to file a notice of intent and an affidavit of merit. The notice of intent informs the provider, facility, and insurer of the claimant’s intent to file a lawsuit. This notice gives the defendant at least 90 days to investigate the incident and determine whether to settle with the claimant.
You must also submit an affidavit of merit to file a lawsuit. This affidavit is a statement from a qualified healthcare provider with whom your attorney consulted about your case that there is merit to your claim.
Negotiating a Settlement
Like all types of personal injury claims, medical malpractice claims resolve most often through an out-of-court settlement. Settlements are less time-consuming and expensive than litigation and offer providers a less public resolution in many cases.
With insurers commonly offering settlements far below the claim’s value, however, an attorney has a crucial role in negotiating with the insurance claims adjuster and convincing them to increase their offer.
Filing a Medical Malpractice Lawsuit
A four-year statute of limitations applies in most Florida personal injury cases. The statute of limitations refers to the maximum amount of time the claimant has to file a claim as a lawsuit in civil court. As the Florida Bar explains, the statute of limitations for most medical malpractice claims is two years from the incident.
In cases where the patient was not immediately aware of the misdiagnosis error, a court may grant them up to four years to file a claim. In other situations, such as injuries to a minor due to a misdiagnosis error or cases where a provider fraudulently conceals the error, a court may add additional time to this deadline.
Your misdiagnosis errors lawyer from Fernandez Firm can help you understand the time you have to file a lawsuit and can gather the needed documents and file the legal complaint on your behalf.
Receiving Compensation on Your Behalf
The misdiagnosis errors lawyers at Fernandez Firm work on a contingent fee basis. This means that you don’t pay us any money upfront to take your case, and we don’t bill you by the hour for our work.
If you decide to hire us to handle your claim, we will ask you to sign a contingent fee agreement with us. This legally binding agreement outlines the services we will provide and designates a percentage of the total award we receive on your behalf to cover our efforts.
This agreement means that we can begin working on your claim immediately, without delaying to work out billing issues. You’ll have peace of mind that you’ll only pay for our services if we win your case.
After your case, we will receive your compensation directly. We’ll deduct our portion per the contingent fee agreement and settle any medical liens on the award before passing the remainder of the compensation to you.
Steps to Take After a Misdiagnosis Error
If you suspect or know that a healthcare provider misdiagnosed you, it’s vital to seek a second opinion and follow your new provider’s treatment plan to ensure the best health outcome following the misdiagnosis.
Call us at Fernandez Firm Accident Injury Attorneys for a free case evaluation. We’ll explain your rights and potential for compensation, offering the legal support and guidance you need.
Contact Fernandez Firm Accident Injury Attorneys Today
Victims of misdiagnosis errors should contact Fernandez Firm Accident Injury Attorneys today for a free case evaluation. We are steadfast in our commitment to fighting for justice and compensation. Having us on your side means having an ally in this battle—someone who’ll stop at nothing to secure justice. Let us shoulder your burden so you can focus on healing.
At Fernandez Firm Accident Injury Attorneys, your fight for justice is our fight. We stand ready to champion your cause. Call us at (863) 230-8361 or message us through our online contact form.
The Fernandez Firm – Lakeland
100 S Kentucky Ave #285
Lakeland, Florida, 33801
(863) 230-8489