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Preventing Heart Attack Misdiagnosis: Patient Rights and Legal Recourse

A heart attack misdiagnosis often leads to more serious injuries or even death. Patients who suffer preventable injuries have legal options after a medical misdiagnosis, and families that lose a loved one can seek wrongful death damages in these cases. Understanding your rights and options for legal recourse is key.

Navigating this process and proving medical malpractice is often challenging. The Los Angeles personal injury lawyers from our team know how to develop these cases and pursue justice for our clients. We provide free consultations for patients and their families after a heart attack misdiagnosis. 

Preventing Misdiagnosis in Cardiac Events

There is no surefire way to guarantee a doctor will offer you a correct diagnosis. However, there are a few things you can do to reduce the odds you will receive a medical misdiagnosis for a heart attack (or any other condition), such as:

  • Visit the doctor as soon as you start experiencing symptoms, as many conditions are easier to diagnose and treat in the early stages. 
  • Ensure each healthcare professional who treats you confirms your name and birth date so they won’t confuse you with another patient.
  • Bring someone you trust to the hospital with you to ask questions and look out for your well-being. This is especially important for those experiencing life-threatening symptoms and those with memory issues.
  • Don’t be afraid to speak up and ask questions about your diagnosis and treatment.
  • Ensure the doctor is aware of your medical history (including any genetic conditions that run in your family), any medication allergies you have, and all medications you are currently taking.
  • If something doesn’t seem right or you feel like your doctor isn’t listening to you, ask for a second opinion.

What Are My Rights After a Heart Attack Misdiagnosis?

When you see a doctor because of heart attack symptoms, you should receive a standard of care that focuses on the possibility of a cardiac event and rules out the most serious causes of your complaints first. When trained practitioners fail to follow diagnostic procedures and provide an incorrect diagnosis, this could support a medical malpractice case.

Malpractice can also occur in other ways. Regarding patient rights in medical diagnosis, you have the right to make informed decisions about your care. If your doctor fails to provide the necessary information about your diagnosis or treatment choices, this may be medical malpractice. 

Serious cardiac damage and deteriorating health are not the only issues that could occur following a heart attack misdiagnosis. Wrongful death due to medical malpractice is also possible in these cases. 

Medical Malpractice in Heart Attack Cases

In most cases, there is little a patient can do to prevent a wrong diagnosis in cardiac events. They trust the doctors to provide the necessary tests and analyze the results to correctly diagnose and promptly treat their health condition. When this does not happen due to negligence, patients have the right to pursue a medical malpractice case based on the injuries and complications they suffer.

Diagnostic errors in heart conditions can be devastating. Missing a heart attack diagnosis could cause the patient to suffer a severe cardiac event, leading to permanent damage, chronic disability, or even death. Complications caused by this type of malpractice could include: 

  • Muscle death
  • Organ damage
  • Brain damage and lasting cognitive impairment
  • Hospital readmission
  • Additional inpatient care
  • More invasive heart surgery
  • Death

If you believe you or a loved one suffered preventable injuries or death because of a heart attack misdiagnosis, a medical malpractice lawyer may be your best resource. Our legal team provides free, confidential consultations. You can talk to a knowledgeable team member about your rights and legal recourse for misdiagnosis at no cost to your family.

Damages Available in Heart Attack Misdiagnosis Malpractice Cases

The recoverable damages in medical malpractice cases vary widely. Each patient suffers different physical, emotional, and financial harm because of a heart attack misdiagnosis. Your personal injury attorney will identify and document the expenses and losses you experienced based on your unique circumstances. 

Often, the recoverable damages in these cases include: 

  • Medical care costs, current and future
  • Ongoing care and support needs
  • Income losses and diminished earning ability
  • Other related expenses
  • Pain and suffering losses

If your loved one died from preventable injuries following a cardiac misdiagnosis, your family may pursue a wrongful death case. The recoverable damages in these cases differ somewhat, but typically include:

  • Funeral and burial expenses
  • Medical bills
  • Loss of household income
  • Loss of companionship, guidance, and consortium

Your medical malpractice attorney can explain what compensation might be available based on your case’s facts.

What Should I Do After a Heart Attack Misdiagnosis?

Heart attack malpractice attorneys negotiate with malpractice insurance companies for fair settlements and file cardiac misdiagnosis lawsuits on their patients’ behalf. Working with a law firm familiar with these cases ensures you have the necessary knowledge, experience, and resources on your side. You can focus on healing while your lawyer handles the rest.

You only have a limited time to act following a misdiagnosis. California sets deadlines for filing medical malpractice lawsuits. In general: 

  • The medical malpractice statute of limitations is three years under CCP § 340.5
  • The wrongful death statute of limitations is two years under CCP § 335.1

You should talk to a medical malpractice lawyer as soon as possible after your heart attack misdiagnosis because these deadlines can vary due to different circumstances. Additionally, beginning an investigation quickly allows us to identify witnesses and interview them while their memories of the event are fresh. We can also collect evidence that might not be available later. A quick start also allows us to better protect patients’ rights throughout this process. 

Discuss Your Heart Attack Misdiagnosis With Our Legal Team Today

At KJT Law Group, our team provides free consultations for individuals and families seeking legal recourse after a heart attack misdiagnosis. We can assess your case and discuss how we can help you seek justice. Medical malpractice victims deserve to recover compensation and hold the at-fault parties accountable.

Contact us online or call (818) 507-8525 to speak to our team about your medical malpractice claim or lawsuit for free today. 

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