When you consider just how prevalent heart disease is, it’s a wonder that doctors can ever miss it. Every 36 seconds, someone in the United States dies from complications related to the condition. Despite how pervasive the disease is, though, it’s not always a physician’s first—or even second or third—thought when a patient presents with troublesome symptoms.
If your provider failed to diagnose your heart disease in a timely manner, you may be entitled to compensation for the losses you suffered as a result. Such damages might include:
1. Medical Expenses
Virtually all the health care-related expenses you end up incurring as a result of the misdiagnosis are recoverable. Examples include the costs associated with ambulance transport, hospitalization, diagnostic testing, home care, surgical procedures, prescription medication, and ongoing rehabilitation.
2. Lost Wages
If the complications you suffer keep you out of work, you may seek funds for the earnings you lose as a result. And if you’re unable to return to the workforce period, even after reaching maximum medical improvement, you may also seek funds for lost earning capacity.
3. Replacement Services
Until your condition stabilizes, do you need help around the house? As long as they’re deemed reasonably necessary, the cost of replacement services like meal preparation and housekeeping are considered a recoverable damage. Transportation and child care may also be included in the settlement negotiations.
4. Pain and Suffering
How has the misdiagnosis impacted your physical and emotional wellbeing? Are you in a lot of discomfort because of the complications? Are you battling anxiety or depression because of the uphill battle you now face?
Tort law in Florida recognizes the fact that the non-economic damages plaintiffs face can be every bit as devastating as the monetary losses. Since they’re not accompanied by any documentation, however, demonstrating their extent can pose a challenge.
One of the most widely accepted ways to prove non-economic damages is with detailed journal entries. As soon as you realize you were misdiagnosed, start a daily journal, and write about the ways in which the associated complications are hurting your quality of life.
5. Punitive Damages
Most medical malpractice claims do not warrant a punitive award. If the defendant’s conduct constituted intentional misconduct or gross negligence, though, you may be able to make a case for punitive damages.
When it comes to heart disease misdiagnoses, an example of intentional misconduct regards the aftermath. If the medical team realizes their mistake and attempts to erase all culpability by altering or destroying relevant records, the patient would probably be able to pursue a punitive award.
Call (727) 821-1500 for a Free Consultation with a Florida Heart Disease Misdiagnosis Lawyer
At Emerson Straw, we’re committed to holding negligent physicians liable for their oversights and mistakes. If you suffered preventable complications because a doctor failed to diagnose your heart disease promptly, we’ll help you gather the evidence needed to pursue all recoverable damages. To schedule a free consultation with a heart disease misdiagnosis attorney in Florida, call (727) 821-1500 or complete our Contact Form.