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When we are faced with an illness, the typical solution is to visit a doctor’s office, as health professionals are trained to understand our symptoms and recommend the best course of action. We trust our doctors and place our faith in their expertise, often without considering the possibility that our condition could be misdiagnosed.
The incorrect identification of a condition can result in not receiving the best care, causing the symptoms that led us to seek medical attention in the first place to worsen, potentially putting our physical health and even our lives at risk. If this has happened to you, you may have the option to seek compensation for the harm suffered with the help of a misdiagnosis attorney in Miami.
The early and accurate discovery of severe conditions such as cancer, heart disease, or lupus, to name just a few examples, makes all the difference in your chances of survival. When your doctor fails to determine the source of your symptoms, effective treatment options may be much more limited.
If you or a family member or close friend is in a similar situation, having all the information is vital and if, by mistake of your healthcare provider, you did not receive it, you are urged to seek a second medical opinion that addresses your concerns and then, contact the most competent legal counsel.
Building a solid case is vital to demand justice and to obtain the compensation to which you may be entitled. At Gallardo Law Firm, we offer the most effective legal representation to help you achieve a successful outcome in cases like these. You can contact us today and schedule a free and strictly confidential initial consultation.
Our team is committed to helping victims and representing their interests to the best of our abilities. We are an established law firm with extensive experience and a deep understanding of local and state laws. Additionally, we have bilingual attorneys who can communicate in your preferred language, whether English or Spanish, providing personalized services to all Miami residents.
Medical misdiagnosis occurs when a disease or health condition is identified incorrectly, incompletely, or late due to a lack of proper attention by healthcare professionals and the administration of tests that do not respond to the totality of the symptoms presented.
There may even be a situation in which the wrong condition is detected, and the patient is given medication that they do not need, and that worsens the disease that afflicts them. This is one of the main concerns of the U.S. healthcare system, missed, wrong, or delayed diagnoses affect between 10 and 20% of cases.
Some of the symptoms can be just about the same or even similar to signs from other diseases; this makes the detection not always accurate. For example, Parkinson's disease symptoms are trembling of the extremities, problems with balance, or problems while walking- mimic many features of Alzheimer's disease and, for that reason, are often confused with it.
Likewise, diagnostic tests often show false positives or negatives due to the poor quality of the tools and equipment used. Similarly, physicians tend to reduce their attention to detail in the face of many patients and lack of time.
Some common causes are the doctor's lack of experience with complex or unusual conditions, ineffective communication between the doctor and the patient, and cognitive biases that lead to discarding some symptoms and focusing too much on others.
We are dealing with a medical malpractice case if these mistakes are the result of the irresponsibility of the doctor in charge. To verify that this is the case, the Gallardo Law Firm attorneys representing you will conduct exhaustive investigations to verify certain criteria and the combination of carelessness, negative consequences, and incompetence.
First, it must be demonstrated that there is a prior association between the physician and the patient and that the health professional has a duty to ensure the correct diagnosis of the illness afflicting the patient. Secondly, it is essential to confirm that the doctor did not act as another specialist with the same training and, in similar circumstances, would reasonably have acted.
If the incorrect diagnosis caused harm to the patient, either by a delay in treatment or the administration of a treatment that did not respond to the patient's symptoms, or if it caused unnecessary complications, additional suffering, and extra costs in terms of medications, laboratory tests, and other hospital expenses, we could also file a medical malpractice claim.
The complexity of diagnostic processes and the various factors that influence their presentation determine the existence of different types of cases. These variations have to do with the origin of the disease and the errors or limitations of the area of medicine to which they pertain.
These elements enhance the need to hire lawyers like those at our firm, with experience in litigation related to medical care and its possible forms of malpractice, to represent you in a lawsuit against the doctor or healthcare institution responsible for the mishandling of your condition. We handle cases of:
A misdiagnosis can affect not only your health but your overall living conditions. These mistakes have a direct impact on your emotional and financial well-being, adding anxiety and stress to an already difficult situation.
If the disease in question is not detected in time, it can progress and reduce treatment options and your chances for a successful recovery. Also, receiving medications that do not respond to your symptoms can make them worse and add other complications.
From the economic point of view, the patient may face other unforeseen expenses such as unnecessary tests, treatments, and consultations. Added to this is the need to seek a second opinion to correct the errors of the first and the loss of income due to the constant visits to the doctor and the possible recovery time at home, which could also be extended.
If you have suffered the consequences of a medical misdiagnosis, it is vital that you act quickly. We recommend you follow these steps:
Our firm has talented and prestigious lawyers who will look out for your interests from the very beginning. Their in-depth knowledge of the local laws that impact these cases allows them to know what type of evidence to look for and how to present it to effectively prove that your doctor was negligent in making their diagnosis.
The first part of our strategy is to investigate every aspect of your case and uncover the truth. In that sense, we guarantee personalized work based on the detailed investigation of every medical record, test performed, medication administered, and equipment used to determine if there was irresponsible behavior on the part of the doctor or the hospital you went to.
In this part of the process, we collaborate with other specialists to evaluate the quality of the initial diagnosis and identify signs of negligence and the consequences of negligence on your overall well-being, particularly if the misdiagnosis worsened your condition or its symptoms.
In all these cases, one of the most important steps is direct negotiations with insurance companies and large hospital complexes. We’ll keep you updated every step of the way on how your case is progressing and our talks with the involved parties. Our goal is to ensure your rights are protected and that you get the fair compensation you deserve, even with insurance companies trying to minimize their payments and avoid responsibility.
This is unfortunate, especially considering that diagnostic errors are more likely to result in death than other types of medical errors, with a rate of just under 41%, compared to 23.9% for other possible causes.
If the lawsuit goes to trial, you can rely on us to be aggressive in your defense. Our strategy is based on proving that the misdiagnosis did not meet the quality standards required for a medical practice and that it caused you considerable physical, psychological, and economic harm.
Your only concern during all this time will be to focus on restoring your health since the expenses of the litigation and our fees will only be paid when we obtain the victory and you receive the compensation you deserve.
Among the main damages for which you can receive compensation are past and present expenses. In this regard, we work to reimburse you for the costs of unnecessary treatments, surgeries, or tests resulting from the incorrect diagnosis. In addition, we ensure that the negligent parties cover the value of medical procedures you must undergo to correct the injuries.
We also seek to ensure that compensation takes into account the emotional effects and the possible loss of your ability to work and earn wages in return for your labor. We consider these essential steps toward restoring your well-being from a broader perspective.
With the help of our attorneys, these types of cases can also drive transformations in healthcare standards, reduce future errors, and protect victims of these unfortunate incidents, which are even a leading cause of medical malpractice lawsuits.
Finding out that your illness was diagnosed late or wrongly can be overwhelming. You are torn between the fear that you are not being treated correctly and the desire to hold accountable those who failed to provide you with the medical care you needed at a time of physical and psychological vulnerability.
The best way to balance all these feelings is to seek the help of Gallardo Law Firm. We proudly count on excellent misdiagnosis attorneys and a demonstrated record in medical malpractice cases.
We offer you personalized attention and constant communication in the language of your choice so that you understand every step we take regarding your process and emotional commitment. In addition to being your lawyers, we want to be your allies in this difficult time.
Our most recent settlement has allowed us to recover more than $290,000 for a family like yours in a medical malpractice claim against a hospital facility. This demonstrates our ability to succeed and our commitment to your well-being.
Time is an essential component that can work in your favor in these cases, so we urge you to take the first step toward justice together. We are available 24 hours a day, seven days a week, to listen to your questions and help you find the best legal solutions for your particular situation.
Your case matters to us, and representing your rights effectively is our top concern. Let our knowledge, experience, and talents make the difference in your medical misdiagnosis case. You can start the road to recovery today by scheduling a free initial consultation.