Failure to Diagnose
If you are the victim of medical malpractice and want to seek compensation for your losses, you are likely wondering where you should turn to improve your odds of reaching your goal. Doctors and other medical professionals play a vital role in society, catching and treating diseases. The efforts of the medical community have played a role in increasing the life expectancy and quality of life for countless people around the world. When medical experts make mistakes or fail to provide an adequate level of care, diseases can progress and get much worse than they otherwise would have. You will learn common diseases that doctors fail to detect, the problems that come with it and how a medical malpractice attorney can give you a hand when you need it the most.Why a Failure to Diagnose is Dangerous to Patients
Many deadly diseases and health hazards of the past are no longer a threat because of the advances in medical technology and diagnostic equipment. Catching a disease in the early stages not only reduces the damage, but it also makes treating the disease much easier.
Many patients enjoy speedy recoveries and get back to their daily lives in no time, and they move forward without giving it a second thought. If doctors or other medical professionals fail to spot the disease right away, it can get much worse over the long run. Some people face long-term complications as a result, but others die at the hands of medical mistakes.Financial Fallout
In addition to experiencing medical problems, victims of malpractice can face severe financial fallout. A patient with a heart condition that goes undetected will face even more medical complications in the future. Addressing the additional damage is often costlier than treating the original condition in the early stages.
Some malpractice victims must pay for ongoing therapy to recover, but that is only the start. Some malpractice cases cause complications that force the victim to take time away from work, which temporarily stops their income and further harms their budget.The Reasonable Standard
Washington State law looks at possible cases of medical malpractice from the perspective of the reasonable standard. In other words, they consider how a medical professional with the same training, education and experience would have handled the situation that allowed a disease to go unnoticed. Doctors who don't live up to the reasonable standard put their patients at risk for a range of problems, and the law holds them accountable for their actions or failure to act.
For example, a doctor runs routine tests and spots an issue that should prompt further evaluation of the patient. The doctor fails to order the additional tests, and the patient does not receive prompt care for an otherwise preventable condition. The doctor in this example can face a malpractice lawsuit if the patient learns of the problem and takes action.Common Diseases Doctors can Miss
If you are serious about exploring the possibility of a medical malpractice case, learning about the common diseases that doctors miss is a great place to start. Although medical experts can overlook a range of conditions, some are more common than others:
- Heart Attack
Some doctors also fail to notice the signs of suicide, and people who could have otherwise been saved lose their lives along the way. A few doctors will even attempt treating conditions they are not qualified to handle instead of referring the patient to a specialist. That situation also opens the possibility of a medical malpractice lawsuit, and it's essential you know your rights.Statute of Limitations
Some people spend so much time considering their options that they miss their chance to pursue legal action. The law sets time constraints on medical malpractice cases, and you lose your right to seek compensation if you let the statute of limitations expire.
If you don't want to fall into that trap, speaking with a medical malpractice attorney as soon as possible is the safest bet. Your attorney can help you decide how much time you have so that you don't lose your chance to pursue justice.Proving Malpractice
In this section, you discover what you must do to prove medical malpractice in front of a judge or jury, and this knowledge lets you decide what path is best for your situation.
Criminal trials require the plaintiff to prove beyond a reasonable doubt that the defendant committed the crimes in question, but medical malpractice cases have a slightly lower standard, requiring you to prove beyond a preponderance of doubt. In simple terms, you need to show that the doctor likely committed malpractice and that it caused you to suffer losses.Steps in the Legal Process
Contacting a malpractice attorney for a consultation is the first step you will take in the legal process. If you and your lawyer are a good match and the lawyer believes in your case, your lawyer will file a medical malpractice claim. Your lawyer then gathers evidence to support your claim and works with the other party to share the evidence they intend to use at trial.
In most cases, the defendant will offer a settlement agreement to avoid going to trial. You and your lawyer will decide if you are happy with the agreement or if you should take your fight to the courtroom. If you decide to take your case to trial, your lawyer and the other party will argue the facts in front of the judge or jury.
At the end of the case, the judge or jury will take some time to deliberate and reach a verdict. The decision the court makes determines if you can collect compensation for your injuries. The judge or jury can also award you less or more compensation than the amount for which you asked.Why You Need a Medical Malpractice Attorney
Some people don't want to hire an attorney because they prefer saving money. This mistake makes it next to impossible for them to collect fair compensation for their losses, and you can't afford to make the same mistake. On the other hand, having a skilled medical malpractice lawyer on your side gives you the highest odds of reaching the outcome for which you have been hoping. Not only does your lawyer know your rights, but your lawyer also knows the common tricks medical experts use to avoid liability. Having a caring legal expert in your corner is the only way to move forward if you want to reach your long-term goals.
While most medical experts do a wonderful job at saving lives and increasing the quality of life for those who trust them, not all people in the medical field live up to that standard. A medical professional who overlooks key warning signs or fails to order tests appropriate for the situation puts people's lives on the line, and that is unacceptable.
Those who survive will often face long-term complications that are expensive to treat and that make it hard for them to move forward. If you are in a similar situation and want the best possible odds of getting justice, reach out to a caring and passionate medical malpractice attorney right away. The Jackman Law Firm can help you through this difficult time by proving your case and helping you achieve the justice you deserve.