The heart attack misdiagnosis rate is alarmingly high. Many doctors look for signature symptoms and patient profile, like age and family history of heart disease, to diagnose these incidents. Some people don’t have signature symptoms. For example, many female heart attack victims don’t have debilitating chest pains. Additionally, family history is an important diagnostic factor, but it’s certainly not the only important factor.
Misdiagnosis of a heart attack means the patient leaves the hospital with a damaged heart and a higher risk of a subsequent, and more serious, infarction. But prompt and proper diagnosis isn’t the only requirement. The duty of care also requires doctors to properly treat heart attack victims, regardless of their ability to pay. Doctors cannot pay close attention to some patients and largely ignore others. Everyone gets the same level of care.
The hard-working Port St. Lucie heart attack malpractice lawyer at Freidin Brown, P.A. knows what it takes to obtain maximum compensation in these cases. The process begins with a thorough case evaluation, followed by diligent evidence collection. Once we build a strong case, we are well-positioned to settle your claim out of court, and on victim-friendly terms. Furthermore, all through the legal process, we proactively communicate with you, so you are never in the dark.
Negligence Basics
Essentially, negligence is a lack of care. A Florida ordinary negligence case has four basic components:
- Duty: On the one hand, doctors have extensive medical training and experience. On the other hand, most patients have practically none of these things. So, doctors have a fiduciary duty, which is the highest legal responsibility in Florida law.
- Breach: Misdiagnosis and treatment errors, which we discussed above, are the most common breaches of duty in heart attack malpractice claims. That’s not a complete list. The duty of care is so high that almost any misstep is a breach of care. Usually, there’s only medical negligence. There’s hardly ever a medical accident.
- Cause: This critical component of a negligence case has two subparts. First, a Port St. Lucie heart attack malpractice lawyer must establish factual cause, which is a connection between the breach and the damages. Additionally, an attorney must prove legal cause, which is foreseeability (possibility) of injury. If an ambulance crashes as it moves a patient from one hospital to another one, that’s not a foreseeable incident.
- Damages: Usually, victims must sustain a tangible injury to obtain compensation. The doctor, or the doctor’s insurance company or the facility that employed the doctor, is financially responsible for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Frequently, additional punitive damages are also available in these cases, if there is clear and convincing evidence that the defendant intentionally disregarded a known risk. Punitive damages award extra compensation to victims when doctors take advantage of them. These additional damages also deter future misconduct.
Suffered from Heart Attack Malpractice in Port St. Lucie? Get a Free Legal Consultation Today!
What to Expect in a Medical Malpractice Claim
If liability, damages, and other issues are perfectly clear, the defendant has a legal duty to quickly settle the claim. However, questions usually abound in one or both areas. Therefore, to pressure the insurance company into a fair settlement, most attorneys file legal paperwork. This move also preserves the victim’s legal rights.
Discovery usually comes next. For the most part, the lawyers sort through the evidence in the case during discovery. Victims must frequently submit to medical examinations, give their depositions, and produce certain documents.
Usually, a third-party mediator helps the two sides resolve medical malpractice claims out of court. Mediators dispassionately review and evaluate claims and defenses. Mediators also ensure that both sides negotiate in good faith. Because of this professional intervention, mediation is about 90 percent successful.
Rely on a Hard-Working St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie heart attack malpractice lawyer, contact Freidin Brown, P.A. We do not charge upfront legal fees in these matters.
