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Understanding Misdiagnosis in Emergency Rooms: Legal Perspectives

If you or a loved one was injured because of a misdiagnosis you received in an emergency room, the hospital could bear financial liability. A Abogada de lesiones personales can help you understand how misdiagnosis in emergency rooms can happen. They can also provide a legal perspective on the merits of your case. 

Many law firms will review your case at no cost or obligation and help explain the steps they will take toward financial compensation. Your legal team will handle your case from initial consultation to final resolution. While they do, you can focus on your physical and emotional recovery.

Causation: How an Emergency Room Misdiagnosis Can Occur

Emergency rooms are often crowded and bustling with activity. Patients can also have conflicting symptoms that fall under several types of conditions. Misdiagnoses can occur due to:

  • Physician error
  • Medical staff error
  • Faulty equipment
  • Lack of communication
  • Medical negligence

You do not have to determine why you were misdiagnosed or deal with the legal implications of misdiagnosis on your own. The medical malpractice lawyer handling your case will consult with expert witnesses. Their expertise will play an important role in the Affidavit of Merit, a document attesting to the validity of your claims. Your lawyer will obtain this document on your behalf.

Patient Harm: Commonly Reported Misdiagnoses Seen in Emergency Rooms 

Patient rights in emergency situations include the right to dignity, respect, and freedom from harm. A misdiagnosis violates a patient’s right to freedom from harm. 

Causes of a misdiagnosis in emergency situations can include:

  • Diagnostic and laboratory errors
  • Failure to recognize complications
  • Inaccurate patient test results
  • Inadequate triage examination
  • Insufficient patient history intake
  • Insufficient patient observation
  • Misinterpretation of test results

Misdiagnosis in emergency rooms can have dire consequences. In addition to putting your immediate and long-term health in danger, its consequences can be life-threatening. A lawyer in your area can help you build a strong case for financial recovery. 

Recoverable Damages for Patients Who Were Misdiagnosed in Emergency Rooms

You can recover both economic and non-economic damages for emergency room malpractice. The types of economic damages you can request include: 

  • Facturas médicas pasadas, presentes y futuras
  • Gastos de viaje relacionados con el tratamiento
  • Assistive devices and in-home support
  • Past, present, and future lost wages

You can also recover intangible damages that cover your intangible financial losses. To determine the value of your claim, your lawyer will also assess the following non-economic damages:

  • Physical pain and suffering and inconvenience
  • Ongoing emotional anguish
  • Disabling conditions and disfiguring injuries
  • Compensation for loss of enjoyment of life

When medical negligence in emergency departments results in the loss of a family member, you could recover several types of wrongful death damages. Your lawyer will review the types and amounts of compensation surviving families can recover. They generally include funeral and burial expenses and loss of your loved one’s support.

What to Expect When Filing an Emergency Room Misdiagnosis Claim

While you could attempt to file an insurance claim or lawsuit on your own, proving misdiagnosis is difficult without legal experience. Many law firms will offer a free evaluation of your case. 

Some key questions to ask a medical malpractice lawyer during your consultation Incluye :

  • Does my misdiagnosis constitute medical malpractice?
  • Will my emergency room misdiagnosis case go to court?
  • Will I have to be deposed by the other side’s lawyer?
  • Who is responsible for getting the Affidavit of Merit?
  • How long does it take to recover financial compensation?

The answers to these questions will help you understand how your claim works. Your lawyer will guide you through each step of the process and work hard to negotiate a settlement that avoids a potentially lengthy trial. 

Your Emergency Room Misdiagnosis Lawsuit Has a Mandatory Filing Deadline

The medical malpractice statute of limitations in California is generally three years, according to CCP § 340.5. On your own, it can be hard to meet the filing deadline since it can fluctuate based on:

  • The age of the involved patient
  • The date the misdiagnosis occurred
  • The date the misdiagnosis was discovered

Your lawyer will consult with medical experts to determine the applicable date. They will also explain the potentially costly consequences of failing to file your lawsuit within the allotted time. 

Call (818) 507-8525 for Help With Your Emergency Room Misdiagnosis Claim

If you or someone you love was injured due to a medical mistake while receiving emergency care, the hospital or treating physician could be liable for damages. Our medical malpractice lawyer’s familiarity with cases like yours means they understand misdiagnoses in emergency rooms and how they can happen. 

Learn more about medical negligence and your right to financial compensation. Contacto our case evaluation team at KJT Grupo de Derecho today to get a free review of your case.

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