Hypoxia (lack of oxygen to the brain), which is the primary effect of a stroke, has drastic, long-term consequences, at least in most cases. Yet many doctors fail to appreciate the risk and don’t properly examine, or properly diagnose, stroke patients. Instead, they dismiss stroke symptoms as mild conditions, like indigestion or even alcohol intoxication. Strokes are cumulative. One stroke increases the risk for a second stroke, which will almost certainly be worse than the first one.
Unlike many doctors, the compassionate Port St. Lucie failure to diagnose stroke lawyer at Freidin Brown, P.A. understands what a person’s stroke can do to a family. More importantly, we understand the role that medical misdiagnosis often plays in these situations. We hold doctors responsible for the mistakes they make and obtain maximum compensation for our clients. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Evidence in Medical Malpractice Cases
This compensation is available if a Port St. Lucie failure to diagnose stroke lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Establishing the standard of care is crucial. Frequently, our professional team partners with a medical expert who explains the standard of care to jurors. Usually, the standard of care includes items like the time doctors spend with patients, the questions the doctor should ask, and the diagnostic tests the doctor should perform.
This same expert, or perhaps another expert, points out negligent episodes in the doctor-patient contact. For example, a doctor might not ask the right questions or order the right tests.
All these partnerships sound expensive, and quite frankly, they are expensive. At Freidin Brown, P.A., we advance most litigation costs. So, regardless of the expense, our clients usually pay nothing upfront. Additionally, we only have partnerships with the best medical experts. These individuals are leaders in their fields. Perhaps more importantly, they also know how to communicate information to jurors without talking down to them.
Need Legal Help with a Failure to Diagnose Stroke Claim? Get Support from a Port St. Lucie Lawyer Now!
Common Negligence Defenses
Establishing a bare-bones negligence case isn’t enough to obtain maximum compensation. The case must be strong enough to refute some common insurance company defenses.
Lack of negligence evidence is one such defense. Compelling testimony from all witnesses, including lay and expert witnesses, is usually enough to overcome this defense.
Lack of evidence regarding damages is another matter. That’s especially true regarding evidence of future medical expenses. Medical bills alone may not be enough. Frequently, an expert witness or other witness must read between the lines, especially regarding pain and suffering and other noneconomic damages.
If the treatment involved a surgical procedure, the assumption of the risk defense often comes into play. Doctors routinely insist that unless patients sign broad waivers, they will not perform a necessary procedure. These “agreements” are usually illegal contracts of adhesion. If one party makes a take-it-or-leave-it offer and the other party is powerless to contest it, the agreement is almost always against Florida law.
Count on a Diligent St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie failure to diagnose stroke lawyer, contact Freidin Brown, P.A. We do not charge upfront legal fees in these matters.