Minneapolis Delayed Diagnosis Lawyer
Early diagnosis is often the key to a successful outcome in a serious, chronic condition. Cancer is a good example. Survival rates for this disease have improved significantly since the 1990s, mostly because the available treatments are much more advanced. But unless doctors diagnose this disease very early in the process, they must play catch-up. In most areas of life, including medical treatment, it’s difficult to win the game if you must play from behind.
Failure to listen, failure to test, and/or failure to properly interpret results often causes diagnosis delays in Minnesota. When patients describe their symptoms, most doctors listen for less than eleven seconds. In other words, when patients give doctors a few clues, they jump to a conclusion. Increasingly, doctors no longer order a full array of tests. They do not want the dreaded “defensive medicine” label. Finally, when results are available, doctors don’t look at them. Instead, they rely on summaries provided by patient care technicians or other less-qualified professionals.
The experienced Minneapolis delayed diagnosis lawyers at Wais, Vogelstein, Forman, Koch & Norman routinely handle medical malpractice claims on a nationwide basis. So, we not only have the experience needed to successfully resolve your claim. We also have sufficient resources in this area. Perhaps most importantly, we have the tenacity to not take the easy way out and a passionate dedication to our clients’ legal and financial rights. So, we do not give up until we achieve the best possible result under the circumstances.
Duty of Care
Delayed diagnosis and misdiagnosis are some of the most common medical errors in Minneapolis. Professionals, like doctors, accountants, and lawyers, have very little margin for error in Minnesota. That’s because these individuals have a fiduciary duty.
A fiduciary duty is the highest level of legal responsibility in American law. This duty applies partially because doctors have so much training and experience in their chosen fields. In contrast, patients have almost none of these things. So, doctors are usually in complete control of all aspects of a patient’s healthcare.
Since the duty of care is so high, it is easier for a Minneapolis delayed diagnosis lawyer to prove negligence, or a lack of care. If a lack of care, such as a mistaken diagnosis, caused injury, victims are entitled to compensation for their economic losses, such as medical bills, and their noneconomic losses, such as pain and suffering. Additional punitive damages are usually available in these matters as well.
What to Expect in a Medical Malpractice Claim
Most of these claims settle out of court. If the central issues in the case, such as liability for injury and the amount of damages, are crystal-clear, the claim may settle almost immediately.
But the answers to these questions are often uncertain. Common negligence defenses include comparative fault, which shifts blame for the accident from the negligent party to the victim, and assumption of the risk, which normally involves a signed treatment waiver. Damages issues often include questions about a reasonable amount of future medical expenses.
As a result, most attorneys file legal paperwork in medical negligence claims. This action triggers a court-supervised litigation process. The judge resolves most legal disputes, so the chance of settlement improves.
These chances improve even more when the case goes to mediation. A third-party mediator supervises settlement negotiations between the two parties. Largely because of this additional supervision, mediation is about 90 percent successful.
Contact a Dedicated Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced delayed diagnosis lawyer in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. We do not charge upfront legal fees in these matters.