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The Importance of Hiring the Right Attorney Following a Medical Misdiagnosis

The Importance of Hiring the Right Attorney Following a Medical Misdiagnosis

Often times, the number one thing on a victim’s mind when falling victim to a medical misdiagnosis is recovery. Misdiagnosis can occur as a result of medical malpractice or medical negligence from a medical professional or facility. Many victims of medical misdiagnosis never pursue justice because of the complex nature of misdiagnosis cases, missing out on potential compensation for the damages (pain and suffering) they incurred as a result of a misdiagnosis. In this article, we’ll unpack some of the complexities surrounding misdiagnosis lawsuits and how hiring an experienced attorney that specializes in medical misdiagnosis can be the first step to getting the justice you deserve.

Misdiagnosis, The Most Common, and Dangerous of all Medical Mistakes

A 25-year summary of US medical malpractice claims for medical diagnostic errors led researchers at John Hopkins University to the following conclusion. “Among malpractice claims, diagnostic errors appear to be the most common, most costly, and most dangerous of medical mistakes.” 

If your doctor’s negligence has led to a misdiagnosis of any kind, you should consult with an experienced medical malpractice attorney to discuss your potential case. In order to receive the justice and compensation you may deserve, a court must find that your injuries are the result of malpractice. A successful case depends upon the joint efforts of both you and your legal representation. Having the best attorney for the job gives you the edge needed to win in court.

What To Do If You Think You Have Been Misdiagnosed 

If you are less than confident in your doctor’s diagnosis, you should first seek a second opinion. Unfortunately, misdiagnosed errors are fairly common and having a second doctor take a look can give you peace of mind and may even save your life. 

Five Steps to Properly Handle a Medical Misdiagnosis

  1. Seek out a second opinion if you believe you, or a loved one, has been the victim of a misdiagnosis
  2. Collect and organize all your medical records – we recommend making copies, both digital and print, of all documents, scans, images, appointment requests, etc.
  3. Prepare a document detailing doctor communications, prescriptions, and any bills incurred
  4. Visit a misdiagnosis attorney for a free consultation
  5. Seek justice and compensation in a court of law 

Proper documentation of injuries is a critical step to bringing and winning your misdiagnosis lawsuit. Pictures of any visible injuries and radiographic images such as MRI scans and X-rays are important. Financial documents, such as medical bills, document the damages incurred as a result of medical malpractice. 

Why You Need a Misdiagnosis Lawyer

If you sue a medical provider, hospital or clinic, you can expect they will have an extensive legal team on their side to fight you in court. When you enlist the services of a misdiagnosis attorney like those at Avera & Smith, you will have experience on your side to guide you and to fight for you as you pursue justice.  

Without an experienced malpractice attorney to represent you, your likelihood of winning the case is reduced. By hiring the right misdiagnosis lawyer, you can be confident in your pursuit of justice.

The Costs of Hiring a Misdiagnosis Attorney

People often shy away from hiring attorneys because of the perceived cost. Civil cases are typically long and drawn out because proving damages can be very difficult. But having the right attorney in a misdiagnosis case will pay for itself. The law functions to provide justice to all victims of medical misdiagnosis or malpractice. That is why most reputable misdiagnosis lawyers work on contingency fees.  

Contingency refers to an event that may or may not occur in the future.  Therefore, a contingency fee is one that is received by the lawyer upon the successful completion of the case.   

As a victim of medical misdiagnosis, you may be entitled to compensation.  An attorney can evaluate your potential claim and help you decide on the best course of action. Remember that your case may have a statute of limitations (a legal date by which you must file your case or you will be barred from ever doing so) as early as two years after the misdiagnosis.  Acting right away gives you the best chance of a successful case.

An Attorney Can Help Get You Get The Justice You Deserve

Hiring an attorney that understands and specializes in medical misdiagnosis and malpractice cases will benefit you from start to finish. Finding an attorney with medical malpractice and misdiagnosis experience is crucial. 

If you or a loved one has suffered medical malpractice or a misdiagnosis leading to damages, we want to help. Why settle for less? Schedule a free consultation with Avera & Smith today.

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  • As the law firm Gainesville has trusted for over 70 years to fight on their behalf, we are more than ready to represent you. Put our experience and reputation to work. We are trial-tested attorneys Gainesville turns to time and time again. If you need help with any legal matter, whether it’s serious personal injury, workers’ compensation, criminal defense, medical malpractice or business law, contact us. The consultation is absolutely free.

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