Snellville Misdiagnosis Lawyer

Snellville Misdiagnosis Attorney

When a person is in pain, they need to rely on their healthcare provider to properly identify their health issues. Unfortunately, this is often not a reality for patients. It’s common for Americans to feel like they have to rely more on the internet than on their actual doctor. If you’ve suffered the consequences of a failed diagnosis, seek a knowledgeable Snellville misdiagnosis lawyer to explain your legal options.

Choose an Experienced Medical Malpractice Law Firm in Georgia

For over 30 years, the professionals at The Tolson Firm, LLC, have represented Georgia’s vulnerable community by providing accessible legal services. We pride ourselves on never backing down during a legal case and fighting for a fair outcome. While winning compensation can’t take away the pain of what happened to you, it can ease your financial and emotional burdens.

We offer case evaluations to residents of Snellville and the surrounding areas. You don’t have to go through this difficult time by yourself. Our proud Black attorneys can advocate for you throughout your case.

The Reality of Misdiagnosis Harm in the United States

The National Library of Medicine conducted a survey in 2023. After reviewing health records from more than 200 million people across different insurance and hospital systems in the United States, they found that women were diagnosed later than men for 110 out of the 112 diseases studied.

Women were diagnosed an average of 0.93 to 4.32 years later than men. This disparity causes real harm to patients, and the number only grows when people of color seek medical care, highlighting a systemic issue that can be a form of medical negligence.

Piedmont Eastside Medical Center is the major hospital for Snellville residents, yet only 41% of real patients reported that they understood their care when they left the hospital. 48% of patients reported having their medications explained to them fully.

Any failure to properly communicate medical information can lead to critical mistakes, impacting the lives of patients.

Georgia’s Law Surrounding a Misdiagnosis Case

Before filing your legal claim at the Gwinnett Justice and Administration Center, located at 75 Langley Drive in Lawrenceville, you’ll first need to hire a misdiagnosis lawyer to represent you. They can explain Georgia’s unique misdiagnosis laws and what applies to your situation.

Filing parties have the burden of proof during medical malpractice cases, which includes adhering to the Georgia medical malpractice statute of limitations. This means they need to show the court that:

1. Their healthcare provider had a legal duty to care for them.
2. The provider failed to uphold that duty.
3. That failure directly led to your injuries.

To do this, you’ll need to gather and preserve as much evidence as possible. Courts rely on the evidence provided by both sides during the case when making their decisions. Having only one type of evidence can harm the outcome of your case. Your Snellville misdiagnosis attorney can explain what to collect and do so on your behalf.

Types of Evidence That Can Strengthen Your Medical Malpractice Claim

The general deadline to file your medical malpractice case is two years. This timeframe starts when you first notice your injuries or should have reasonably noticed them. However, most cases have an absolute five-year deadline for filing. Even if you discovered your injuries more than five years after the initial incident, you can’t pursue compensation.

While this may seem like a long timeline, it’s important to file as quickly as possible. Your financial and emotional losses will only continue to mount, and preserving evidence gets harder the more time passes by. Witness memories may fade quickly, and certain evidence can disappear, such as security footage taping over itself.

Having as much evidence as possible is key to a successful case. Evidence can vary from case to case, but it generally includes:

• Your medical records
• Your medical bills
• Documentation of other financial losses you’ve incurred since the misdiagnosis
• Security footage of the incident
• Testimony from anyone who witnessed the incident happen or heard the misdiagnosis
• Testimony from a medical expert who can give their opinion about the accepted standard of care and how it was breached
• Detailed and dated notes of your emotional losses since the incident
• 911 calls
• Doctor’s notes from follow-up visits to get a second opinion on your medical condition

FAQs

What Are Economic Damages in a Misdiagnosis Case?

Economic damages in Snellville, Georgia are one of the main types of damages that can be pursued in a misdiagnosis case. Damages are the real losses you’ve suffered from the incident. Courts use these losses to calculate the amount of money you should receive. Economic damages are based on your monetary losses; these can include your medical bills and lost income from missing work due to your injuries.

What Are Non-Economic Damages in a Misdiagnosis Case?

Non-economic damages are the second main type of damages that can be requested in a misdiagnosis case. These damages are based on your emotional losses since the incident. While they can be hard to calculate, they’re equally as important as economic damages. The resulting compensation can cover losses such as your pain and suffering and loss of enjoyment of life.

When Can Punitive Damages Be Awarded in a Misdiagnosis Case?

Punitive damages may be awarded in specific situations where the responsible party acts with extreme malice or negligence. For example, if the doctor is found to have been working while intoxicated, leading to a misdiagnosis, they may have to pay punitive damages. These damages are meant to act as further misdiagnosis penalties and deter any similar behavior from happening to anyone else. Your lawyer can determine if punitive damages can be requested in your unique case.

What Is Georgia’s Comparative Negligence System in a Misdiagnosis Case?

Georgia relies on a comparative negligence system to assign fault in a misdiagnosis case. Courts understand that even a small mistake can contribute to the incident. They’ll assign everyone involved a percentage of fault. The parties responsible, such as the doctor and the clinic, will then have to pay their portion of compensation.

Hire a Misdiagnosis Lawyer

Reach out to The Tolson Firm, LLC, today to learn how our attorneys can help you. We offer case evaluations at our office. No one should have to go through the physical and emotional pain of a misdiagnosis. When new clients come to meet us, they feel heard and understood throughout every step of their legal case.