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Medical Misdiagnosis and Failures: Wrongful Death

Jun 22, 2023 | Medical Malpractice, Uncategorized, Wrongful Death

Medical misdiagnosis and postponed diagnoses can prevent patients from treating the disease in its earlier stages, result in improper treatment,  prevent them from receiving necessary and timely treatment, and even cause death. California medical malpractice attorneys at KAASS LAW aim for excellence when they defend clients who have suffered harm due to a medical mistake that should have been avoided.

Medical Misdiagnosis Definition

Medical malpractice is when the doctor or medical professional has failed to diagnose, was diagnosed incorrectly, or even had a delay in diagnosing. Failure to diagnose can cause additional problems or even result in death. Delaying a diagnosis can lead to a loss of opportunities to recover. The doctor is responsible to treat a patient properly, to avoid any complications or wrongful death.

Why Do Medical Misdiagnosis Errors Occur?

In the medical field, common reasons for diagnostic mistakes include the following:

  • Failure to pay attention to or fail to recognize signs
  • A lack of communication between clinicians, nurses, and doctors
  • Incorrect analysis of test results or medical records
  • Not referring a patient to the proper expert
  • Not sending a patient to a more urgent level of care
  • Misplaced paperwork and clerical errors
  • Failure to order the proper diagnostic tests

Examples of Medical Misdiagnosis and Failure to Diagnose

Correspondingly, medical misdiagnosis and failure to diagnose include:

  • Spinal disease
  • Infections
  • Cancer
  • Bacterial Infections
  • Issues during labor and delivery
  • Surgical site infections
  • Heart attack

Bringing a Wrongful Death Lawsuit

Family members of those who have died due to the reckless or unlawful actions of others may file a lawsuit in California to recover damages. Claimants financially reliant on the deceased can get compensation for their family member’s past, present, and future earnings. Generally, in California, it’s against the law to intentionally inflict sadness, sorrow, or mental anguish over losing a loved one. However, California law permits the loss of a loved one’s affection and company and the cessation of sexual intercourse for married couples. So, you can discover more about wrongful death claims by speaking with a seasoned lawyer with experience in damage litigation involving misdiagnosis.

How to Bring a Successful Medical Malpractice Claim?

For example, a successful wrongful death claim must demonstrate the following:

  • The death of a person
  • The defendant’s carelessness or negligence led to the victim’s death.
  • The remaining family members have experienced both financial and emotional hardship.

In order to have a successful claim, the plaintiff must persuade the jury with compelling evidence that the negligent act contributed to the death.

What Damages Can You Recover in a Wrongful Death Case?

You may be entitled to compensation for your losses if you suffered injuries due to someone else’s negligence or if a loved one lost their life due to negligence.

Economic damages

Economic damage is meant to compensate for losses that can easily be quantified financially for the plaintiff. The amount of out-of-pocket losses an injured party has or anticipates having due to their injury is used to assess economic damages. Some economic damages include:

Non-economic damages

Contrarily, non-economic damages are primarily purposeful to compensate for losses as subjective and do not always include direct financial losses. For example, compensation may include:

Consult an experienced Los Angeles medical malpractice attorney now

If a misdiagnosis or delayed diagnosis resulted in the wrongful death of your loved one, don’t wait to get in touch with KAASS LAW. Call 310-933-5171 to get a consultation with a Los Angeles medical malpractice attorney! Visit our website at https://motorcyclepains.com/ for more information on potential cases with which we may be able to assist you.