‘Failure to Diagnose’ and Medical Malpractice

If a Doctor Fails to Diagnose The Cause of Your Illness, You May Have a Medical Malpractice Claim

One of the most uncomfortable parts of going to the doctor is oftentimes the diagnosis. We are always afraid of what the doctor might tell us when we are sick. However, if you are diagnosed for an illness and it is found to have been an incorrect evaluation of what was wrong with you, you do in fact have the right to recover for your losses. The way you recover for your losses is through a medical malpractice lawsuit. In order to properly litigate a malpractice lawsuit, you need to have competent legal representation due to the highly complex nature of those types of lawsuits. Our Law Offices’ attorneys have handled numerous malpractice claims and know the effort and time that must be put into these causes of action to make sure that your claim is successful. This article will discuss the basics of a medical malpractice lawsuit with regard to a claim based on a failure to diagnose an illness accurately.

What is a Medical Malpractice Lawsuit?

A medical malpractice lawsuit is a cause of action that permits you to recover for injuries or damages that you have suffered stemming from some action of a physician that has caused you physical or emotional injury. In a medical malpractice lawsuit, there are certain elements that must exist for your lawsuit to be successful. If one of these elements fails to exist then your cause of action will not stand and your claim will therefore fail. This is one of the primary reasons that you must have a lawyer that is very familiar with this type of claim because these elements are difficult to prove. Nevertheless, no matter how difficult they maybe, with a skilled attorney like those available at Our Law Offices you stand to be compensated substantially. More here @ https://www.carabinshaw.com/el-paso-medical-malpractice.html

What are the Specific Elements of That Must be Proven?

The elements that must be established are (1) that there is a duty by the physician to act according to certain standards. The standard that will be imposed is generally the accepted standard duty of care for physicians. (2), there must have been a breach of that duty of care. Typically other doctors that are trained in a similar area of the law will be retained to determine if they would have acted in a similar manner as the physician that misdiagnosed you. Then, (3) there must be an injury. Therefore you yourself must have suffered some kind of injury because of the fact that this doctor diagnosed you incorrectly. And lastly, there must be some form of a causal connection between the breach and the standard of care. Therefore, your injury cannot be from some unrelated accident, it must have stemmed from the misdiagnosis. Essentially, the misdiagnosis must have been what caused your injury that then spurred the ensuing litigation. Click here for more information about Medical Malpractice law @ https://no1-lawyer.com/medical-malpractice-lawyers-el-paso/

All things considered, assuming that you prove the elements that are required and the misdiagnosis in fact caused your injury then you most definitely have a valid medical malpractice claim. However, the success of your claim will be increased exponentially with the assistance of experienced legal counsel. The attorneys at Our Law Offices are more than capable of handling your claim for you. To discuss the particulars of your case, contact us.

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Personal Injury Attorneys Texas – Car Accident Attorneys

As some of the Top Car Accident Attorneys, we understand how getting in a Car Accident is a Painful and Costly Experience, Especially without the Help of an Experienced Personal Injury Attorney.
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Our Car Accident Attorneys care for you. That’s why we are here to help make it easy for you to claim for compensation. Injuries caused by a car accident could lead to financial problems because it leaves the person unable to work in his full capacity for a long time. In many instances, car accidents have left hundreds of people incapable of working for the rest of their lives, leaving themselves and their families in financial burdens. This doesn’t need to happen to you.

If you or anyone you care about was recently involved in a car accident, consult with our Car Accident Attorneys right away. An experienced attorney should sort out your claims right away so you can concentrate on what’s more important – your recovery. With a highly-qualified car accident attorney, you and your loved ones’ best interest is protected.

Car Accident Attorneys and the Need to Immediately Act

Our Car Accident Attorneys are staffed with some of the most highly qualified, skilled and experienced lawyers who specialize in personal injury. Our attorneys are highly knowledgeable in every aspect of personal injury including:

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Punitive damages, also referred to as exemplary damages, are only awarded in car accident cases where the driver’s conduct was so egregious as to constitute an indifference or reckless disregard of the health or safety of others. This means that the driver acted deliberately and was fully aware of the consequences of his or her actions. Punitive damages are designed to punish the offender and to deter similar conduct in the future.

The case for punitive damages will arise where the liable driver was under the influence of alcohol and/or had a blood alcohol content of at least 0.08 percent. It is rare for punitive damages to be awarded for any other type of driving conduct. Even recklessness or grossly negligent driving does not warrant an award for punitive damages. More on this <ahref=”http://truckaccidentattorneysa.com/san-antonio-truck-accident-lawyers/” target=”_blank” rel=”noopener noreferrer”>website

Drunk driving accidents, however, continue to be one of the major causes of car accidents in the U.S. despite massive efforts by schools, law enforcement agencies, groups like Mothers Against Drunk Drivers (MADD) and Students Against Drunk Drivers (SADD). Even the adult beverage industry has weighed in to remind drivers to act responsibly.

Drinking impairs a motorist’s judgment and muscular coordination, although many motorists feel empowered after drinking and believe they can drive faster and better than anyone else on the roadways.

Thousands of people are killed and even more are injured by intoxicated drivers each year. In recent years, the legal limit for driving has been reduced from 0.10 blood alcohol content (BAC) to 0.08 percent. Though each state can set the legal limit at any level, the federal government will withhold millions of dollars in highway funds for any state that does not adhere to the 0.08 percent level. Accordingly, each state has adopted this standard.

For minors, or those under 21, many states have adopted even lower levels. In many states a minor with a blood alcohol level of 0.02 percent can lose his or her license. In some states, any detectable level of alcohol found in a minor while driving is illegal. A violator can lose his or her license for one year and up to three years if the minor driver refuses to take a blood alcohol test.

Any injury caused by the negligent driving conduct of another can be compensated in a personal injury claim. Any person who drives a motor vehicle is under a legal duty to operate his or her vehicle in a reasonable and safe manner. This includes driving below the speed limit if the traffic or weather conditions warrant it. The failure to adhere to the standard of a reasonably safe driver under the conditions presented can be considered negligence.

Should a driver choose to drink and then drive, it is presumed that the motorist acted negligently.

In most cases a driver with a blood-alcohol level of at least 0.08 percent or who is considered to be under the influence of alcohol, regardless of the percentage, will have caused the accident and the resulting injuries. In these cases, it can be relatively easy for an injured party to collect compensation.

Injured auto accident victims can collect compensation for medical expenses, lost wages, property damage, and pain and suffering.

If you have been injured by an intoxicated driver, if your case goes to trial and you have included a clause for punitive damages in your complaint, you will first have to obtain a verdict in your favor. Once that is achieved, a second phase of the trial determines the amount of punitive damages, if any, that the court or jury will award. A jury will consider the defendant’s financial condition in assessing the award although an excessive award will nearly always be reduced either by the trial judge or an appellate court.

Texas law does not require that auto insurers pay punitive damages. This will have to come from the driver personally. Your attorney will typically have found out what assets the driver possesses that are subject to a court judgment and seizure before a trial or settlement to determine if it is worthwhile to pursue such a course of action. More information here