You did the right things– you went into the hospital or saw your doctor because you knew there was something wrong. You sought help from a professional and paid them for their services. The only problem is they got it wrong and because of their mistake, you are now more injured than when you started.
Medical misdiagnosis are much more common than you may think and the reasons behind them are varied. In a 2015 study by the National Academy of Medicine, it was found that around 12 million adults (roughly 5%) who seek outpatient care are misdiagnosed in a given year. They study went on to note that if an individual is not misdiagnosed at least once in their life they will likely get a late diagnosis.
Medical misdiagnosis accounts for about 10% of patient deaths every year. So if you have been injured or lost a loved one because of a medical misdiagnosis, what are your legal options? Like any personal injury or wrongful death lawsuit, proving that the misdiagnosis was the cause of you injuries or loss is a complicated one best left to experienced attorneys. Here’s a look at some common misdiagnosis cases that can result in serious injury and death:
- Strokes commonly misdiagnosed as a migraine
- Staph infection commonly misdiagnosed as the common flu
- Cancer not diagnosed because of failure to do proper testing
WHEN CAN YOU SUE FOR MISDIAGNOSIS?
When it comes to personal injury and wrongful death lawsuits you need to show that the other party injured you in a way that caused financial, physical or emotional distress. If he misdiagnosis did not really do anything to make you worse then the chances of winning a malpractice case against the physician are small. But when the misdiagnosis results in serious injury or death, a lawsuit can help compensate you for your new situation. Most doctors are independent contractors meaning that the hospital or outpatient facility they work at cannot be held liable for their mistakes but that does not mean that you cannot file a lawsuit against the doctor. Common misdiagnosis lawsuits include issues surrounding:
- Failure to diagnosis: A failure to diagnosis means a failure to get the medical treatment you sought out.
- Delayed diagnosis: When the diagnosis takes an inordinate amount of time to identify, you missed out on precious time to try to get better.
- Misdiagnosis: A misdiagnosis not only means that you were not being treated properly for your medical issue but that you were being treated for something you did not have. What this means is that you were likely prescribed medication and other treatments that you did not need while you missed out on the things you did need.
Medical malpractice cases are complicated and require expert testimony among other things to present your best case. When successful, a medical malpractice case can help you recover for lost wages and work disabilities, medical bills and future needs, diminished quality of life, pain and suffering and more. At Walch Law, we have the experience and approach you want to handle your medical misdiagnosis case. If you have suffered injuries or lost a loved one because a doctor failed to properly diagnose a condition, give us a call today to discuss things further. We take all of our cases on a contingency fee basis meaning that you don’t pay us a dime until we get you paid.
Nine Reasons To Choose Us
When looking for a California wrongful death lawyer, you want a law firm that can get you the money you deserve. At Walch Law, we don't just meet our clients' expectations, we exceed them. We win over 95% of our cases and will work hard to get you the same great results we have gotten for so many of our happy clients. When it comes to handing a California wrongful death case, resolving your case as quickly as possible for as much money as possible is how we approach every case.
Founding partner Gary Walch started this law firm to help people in your very situation. With over forty years of experience, you can feel confident that when you hire Walch Law Firm, you are benefiting from his years of experience. Robert Walch has been with the firm since 2000 and has a track record of success, as does the rest of the highly qualified staff at Walch Law. A family firm with the resources of a big law firm means you get the best of both worlds.
There are lots of law firms that will happily take your business but very few will deliver results and handle your case the way that we do. We understand and respect how difficult this time is for you and our family. When you hire Walch Law Firm you are hiring a family firm that you can trust. We have a stellar reputation within the legal community and among our clients.
DON\'T DELETEContingency Fee
For many individuals and families following a death it is not just an emotional time but a stressful financial time as well—hiring an attorney should help relieve this financial stress which is why you hire us on a contingency fee arrangement. Translation: you don't pay for any fees or costs associated with your case until you get paid. We have the financial resources of a large law firm but the accessible environment of a small firm meaning your case won't get lost in the shuffle.
Whenever you are ready, we are available to talk and this open and available communication model is something that our clients enjoy until their case is closed. We keep you informed and updated on your case every step of the way, always explain what's happening in plain English and ultimately deliver on our promise to get you paid.
DON\'T DELETERecent Victories
Winning over 95% of our cases means that you can feel very confident when you hire us to help with your case. Some of our recent victories include a $5,000,000+ settlement for a car accident, $1,250,000 settlement for a wrongful death pedestrian case and $2,500,000 for injuries related to a subway accident.
First and foremost, you are suffering a major traumatic loss and we understand that. We can help with counseling, medical professionals and other important resources during this time. Your focus should be on dealing with this loss, let us take care of all the legal details.
DON\'T DELETEFamily Firm
There are small firms that might not be able to front the costs of your case and there are big law firms that will easily take your case but lack any type of personal touch (and you might have trouble hearing back from them when you want to) and then there's Walch Law Firm. We can handle any case and pride ourselves on our accessibility to clients. Father-son duo Gary & Robert Walch treat everyone like family and this personal touch is something that our clients as well as our employees constantly e!
DON\'T DELETESe Habla Espanol!
¿Busca un abogado de habla hispana ayudar con su caso de la muerte ilícito de California? No busque más. Somos una firma de abogados de servicio completo de habla hispana que puede ayudarle durante este tiempo difícil tiempo. Llama nos o correo electrónico hoy para su consulta gratuita para aprender más.