MEDICAL MALPRACTICE:
MISSED, DELAYED OR INCORRECT DIAGNOSIS
A misdiagnosis, delayed diagnosis or incorrect diagnosis can have devastating consequences for a patient. When diagnosing a medical condition, every moment counts---the sooner a doctor can diagnose your condition, the sooner you can begin treatment. Unfortunately, miscommunication, fatigue, improper training, and limited time can lead to mistakes in the diagnosis of disease. Commonly missed diagnoses include cancer, heart attacks, dangerous infections, and fractures.
When patients find out they have cancer or other serious illness, they wonder whether it would have made a difference if the diagnosis were made sooner. Under Washington law, a claim may be brought for the loss of a chance to treat the condition earlier. The attorneys at Schroeter Goldmark & Bender have helped numerous clients in this area of the law.
It is often unclear to patients whether a disease should have been diagnosed earlier. At SGB, we have experience in reviewing these cases. When potential clients call us about a missed or delayed diagnosis, we listen carefully and ask questions based on our experience in these cases. When we review records, our team knows what to look for, and also consults with expert physicians, including radiologists and oncologists.
We communicate with our clients to help them understand the process, investigate our cases thoroughly, and present compelling evidence to juries. As a result, our work has resulted in several multimillion verdicts in favor of our clients.
When to file
The statute of limitations for medical negligence in Washington is usually three years, although there are some exceptions. If you suspect you have a claim, you should immediately talk with an experienced attorney who can determine what the law requires for your particular situation.
Let us help you
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Trial expertise. Not all missed diagnoses are the result of negligence. Explaining to a jury that the injuries at hand are caused by negligence requires that the legal team fully understand all of the issues. Additionally, medical malpractice victims are often faced with jurors under the impression that medical lawsuits are frivolous and groundless. SGB knows how to address these biases in trial.
Thorough investigations. If we believe the injuries may have been caused by a missed or delayed diagnosis, we begin a very thorough review of the medical records. Our team knows what to look for, and also consults with expert nurses and doctors about the care provided in the case. We explain our evaluation clearly to clients, so the family learns from the process.
Understanding of medical terminology and systems. Sorting through records can be extremely difficult for people trying to determine for themselves if a diagnosis was missed. At SGB, we have experience in reviewing charts and electronic records. We talk with our clients about our review, so they understand their case. Medical malpractice cases often involve insurers, L&I benefits, VA plans, and other third parties. SGB attorneys are experienced in sorting out these players.
Client support. Many times, people are busy dealing with their injuries or loss and feel like talking to an attorney will be an additional burden. We make the process of evaluating your case as simple as possible so you can concentrate on other issues. We also try to minimize the amount of time the case takes from clients’ daily lives. We support our clients from intake to trial and every step in between.
Related legal services: Our legal team also includes attorneys devoted to advocating for adults and children requiring financial and medical support for their disabilities. We will work with clients to help them navigate the maze of benefits programs.
- $1.8 million settlement for failure to diagnose lung disease.
- $1.8 million settlement for severe brain injury caused by failure to diagnose subarachnoid hemorrhage.
- Confidential settlement for injuries due to delayed diagnosis of cervical cancer.
- Confidential settlement for wrongful death due to delayed diagnosis of colon cancer.
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