Medical Malpractice Attorney Breckenridge, CO
When being treated for a medical condition, a medical malpractice attorney Breckenridge, CO at Zweig Law, PC understands that you may naturally expect to be diagnosed and treated correctly. Although this happens a majority of the time, it is certainly possible to be misdiagnosed or undiagnosed all together. In this case, the repercussions could be mildly frustrating, catastrophic, or deadly. If this should happen, you not only may face extended medical care and undue physical pain, but also the distress, and financial losses.
In the event of a misdiagnosis resulting in a death, loved ones may feel betrayed and angry. Regardless of what the details of your case might be, if it involves misdiagnosis, you should talk with a Colorado medical malpractice attorney in Breckenridge as soon as possible.
When a Failure to Diagnose Occurs
When you are experiencing the symptoms of a condition, you will likely choose to schedule an appointment at your doctor’s office visit a hospital for immediate treatment. The doctor may ask you questions relating to your symptoms and make a diagnosis based upon your answers and an exam. For example, if you have a very sore throat and you are losing your voice, the doctor might suspect tonsillitis. However, if it is a tumor in your throat that is causing the problem, and the doctor fails to see this, it may be subjected to a misdiagnosis claim.
As a Breckenridge medical malpractice attorney might explain to you, when any healthcare professional misdiagnosis or fails to notice an obvious health condition that another professional in the same field would have noticed, it may be a breach of their duty of care. If injuries or losses resulted, compensation could be available.
Commonly Misdiagnosed Conditions
The training and education that a doctor, or any other medical professional, will go through is extensive and often adds up to over a decade of schooling or learning. Even with this experience, these people can, and do, make mistakes. Although many of these mistakes are often caught and fixed, some go unnoticed, and others are so erroneous that fixing them may not be possible.
As a team of Colorado medical malpractice attorneys, we have handled personal injury cases of varying degrees. When it comes to misdiagnosis claims, we know of cases that have involved:
- Misdiagnosis a stroke or heart attack
- Internal injuries
- Internal bleeding
- Bloodborne infection
- Tetanus or staph infection
When Cancer is Misdiagnosed
Cancer is a result of changes in the cells of the body; in particular, the way that the body grows and divides. When cancer is identified early on and treated, it may not have the chance to spread to other parts of the body. At Zweig Law, PC our medical malpractice lawyers have helped many clients who had cancer, but were improperly diagnosed with other conditions. As a result, many of them suffered more than they had to. It is important to understand that these cases are relatively complicated; however, with the right attorney on your side, it is possible to recover compensation.
Examples of Actions that May Result in a Misdiagnosis of Cancer:
- Lab mistakes
- Failure to assess
- Failure to follow up
- Failure to refer
- Improper screening
- Discounting the possibility of a person have cancer
Even a 3-month delay in diagnosing any form of cancer can result in a patient needing extended treatment or treatment that is considered to be more aggressive.
What Must Be Shown To Prevail in a Medical Malpractice Case?
Medical malpractice is a type of lawsuit resulting when a patient is injured by the incompetence of a physician or a medical mistake. The victim is entitled to full compensation for the injury if he or she wins the case. But what exactly must be shown for the case to be won? You would be right to think that this is a complicated question with an equally complicated answer. As a medical malpractice attorney in Breckenridge, CO might tell you, the short answer is that it must be proven that the medical professional’s constitute medical negligence.
Understanding what is required to prove medical negligence is a little more complicated. Remember, you should hire a medical malpractice attorney in Breckenridge, CO as soon as possible and leave the matter of proving your case to your attorney. This guide, however, will help you understand what is required.
Medical negligence is composed of four components. Each of these components builds upon the previous one. This means they each must be independently proven in order for the case to be won. The four components of medical negligence are:
- Duty – This refers to the duty every medical professional has to his or her patients. In the medical world, this duty is also called the “standard of care.” Proving duty is more complicated in personal injury lawsuits with ordinary defendants, but the duty of medical professionals is widely established already.
- Breach – This refers to a breach of duty. Essentially, it a medical malpractice attorney in Breckenridge, CO must demonstrate, or prove that your medical professional failed to fulfill the standard of care through his or her actions or inaction.
- Causation – This refers to whether the breach of duty caused an injury. A medical professional who fails to fulfill the standard of care has not acted negligently unless that failure results in an injury of some kind. If it can be shown that you would have been injured regardless of your healthcare provider’s actions, then your case will fall apart.
- Damage – This refers to the damage you suffered as a result of the breach of duty. The damage you suffered, or your injury in other words, must be significant and real. The court will not assume that you were really injured, which means it must be proven. Likewise, if the injury is too insignificant, you might lose your case.
It takes a lot to legally prove that a medical professional committed medical negligence. Medical malpractice attorneys in Breckenridge, CO train and study for years to be able to make this case. You should avoid trying to represent yourself, as proving these components is far more complicated than you might think.
Call Zweig Law, PC to Speak with a Leading Medical Malpractice Attorney in Breckenridge, CO
If you have been misdiagnosed, call a medical malpractice attorney in Colorado at Zweig Law, PC now.