Diagnosis errors are among the most critical types of medical malpractice because circumstances often prevent a patient from getting proper care. In some cases, the patient may even suffer worse health outcomes because of a misdiagnosis. Unfortunately, mistakes in identifying medical conditions are common. Johns Hopkins Medical reports that an estimated 795,000 Americans suffer fatal or disabling injuries every year because of diagnostic errors.
If you were affected by a healthcare provider’s mistake, it is critical to get legal help to secure compensation. A few factors explain how a Miami diagnostic errors attorney helps get higher settlements in these cases.
Factors That Impact Settlements in Diagnostic Error Cases in Florida
Several considerations play a critical role in determining the settlement amount in diagnostic error cases. The severity of the injury caused by the misdiagnosis is one of the most significant elements. For example, if delayed treatment leads to a worsening condition or permanent damage, the settlement is typically higher.
Additional factors directly influence compensation, including:
· The costs of medical treatment
· Other economic losses, such as lost wages
· Your pain and suffering
· Emotional distress
· Lost quality of life
Keep in mind that the experience and negotiation skills of a Miami attorney also make a significant difference in maximizing settlement outcomes.
Collecting Evidence to Strengthen Your Diagnostic Error Claim
Building a strong case after a diagnostic error begins with collecting comprehensive evidence. A Miami attorney will gather medical records, diagnostic test results, and expert witness statements to prove that negligence occurred. This evidence must establish that the medical provider breached their duty of care, directly causing harm to the patient.
Witness accounts and documentation of the patient’s progression, such as diaries or photos, also add weight to the claim. Thorough evidence collection is particularly important in Florida, where medical malpractice laws require plaintiffs to meet strict standards of proof. The more robust the evidence, the stronger the case for a higher settlement.
How Miami Attorneys Leverage Negotiations for Higher Settlements
A skilled Miami attorney understands how to use negotiation tactics effectively to secure a favorable settlement. They often present a compelling argument using detailed evidence and expert testimony to demonstrate the extent of harm and liability. By highlighting the potential risks of going to trial, such as higher costs and unpredictable jury decisions, attorneys can encourage the opposing party to settle for a higher amount.
In Florida, attorneys are also familiar with local statutes and medical malpractice caps, allowing them to advocate strategically. Their in-depth knowledge of case precedents and local courts provides additional leverage, ensuring their clients achieve the best possible financial recovery.
Our Miami Diagnosis Errors Lawyers Can Assist with Your Med Mal Claim
If you’ve been injured due to a diagnostic error, the attorneys at Gerson & Schwartz, PA, are prepared to pursue the negligent healthcare provider and other at-fault parties. We offer personalized legal guidance to secure the compensation you deserve, so please contact us to schedule a free consultation. You can call (305) 371-6000 or go online to reach our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.