Heart Attack Misdiagnosis Lawyer
A heart attack misdiagnosis lawyer from Levin & Perconti can help if you were hurt because your medical provider incorrectly diagnosed or failed to diagnose your heart attack. You may be eligible to file a claim for negligence on the part of your health care provider, which could include failure to recognize symptoms, incorrect interpretation of test results, or delay in treatment.
At Levin & Perconti, our nationally recognized attorneys have over 30 years of experience helping victims recover compensation in heart attack misdiagnosis cases. Our co-founder John J. Perconti is considered one of the country’s leading medical malpractice attorneys with extensive experience in federal and state courts. We never settle for less than fair compensation and are not afraid to take your heart attack misdiagnosis case to trial to get what you deserve.
Here are some of the successful misdiagnosis cases won by Levin & Perconti:
- A record-high verdict of $14 million against a doctor and hospital for ignoring abnormal chest X-ray results, causing a substantial delay in the diagnosis of lung cancer.
- A settlement of $1.25 million in a case where the most common result of missed diagnoses was death, often due to missed cancer or heart attack diagnoses.
What is a Heart Attack Misdiagnosis Lawsuit?
A heart attack misdiagnosis lawsuit is a legal action for compensation taken by a patient who has suffered due to a health care provider’s failure to correctly diagnose a heart attack. These lawsuits are crucial in holding medical professionals accountable for failing to provide the required standard of care and helping victims recover compensation for their damages.
To win a heart attack misdiagnosis lawsuit, you will need to show that there was a doctor-patient relationship and that your doctor owed you a duty to provide adequate care.
Other key elements of a heart attack misdiagnosis lawsuit include:
- Breach of Duty of Care: Your doctor failed to provide the required standard of care that another provider in the same field would have under similar circumstances.
- Damages: Due to the misdiagnosis or delayed diagnosis, you suffered injuries and other losses such as further heart damage, emotional pain, additional medical bills, lost wages, or even death.
- Causation: You will need to show evidence that the harm you suffered would not have happened if your medical provider had correctly diagnosed and treated the heart attack.
At Levin & Perconti, we understand the devastating impact a heart attack misdiagnosis can have on your life. Our medical misdiagnosis lawyers are here to help you navigate the complex legal process.
What Types of Damages Can Be Recovered in a Heart Attack Misdiagnosis Lawsuit?
Several types of compensation are available in a medical malpractice lawsuit, including economic damages to cover your verifiable, out-of-pocket losses and non-economic damages to cover more subjective losses due to your heart attack misdiagnosis.
However, there are common areas of compensation that you may be entitled to:
- Medical Expenses: This includes costs for treatments, medications, hospital stays, and any necessary surgeries or procedures that you’ve had to undergo due to the misdiagnosis.
- Lost Wages: If the misdiagnosis led to you taking time off work or even losing your job, you could request compensation for these lost earnings. You may also be able to seek damages for future lost wages or loss of earning capacity.
- Pain and Suffering: Heart attacks often leave victims with emotional and physical pain. While it’s difficult to put a price on these specific losses, you may be eligible to include them in your misdiagnosis claim.
- Punitive Damages: In some cases, the judge or the jury may award punitive damages. These are intended to punish the negligent party and deter similar behavior in the future.
These are only some of the damages you may be eligible for, depending on the circumstances of your case.
Who Can File a Lawsuit for a Misdiagnosed Heart Attack?
Several parties may be eligible to file a lawsuit after a heart attack misdiagnosis. If you were the one who experienced the misdiagnosis, you can file a case on your own behalf.
In tragic cases where a misdiagnosed heart attack leads to the death of a loved one, family members may be able to file a wrongful death lawsuit. Additionally, in cases where the patient cannot represent themselves due to their condition, a legal guardian may be able to file a lawsuit on their behalf.
How Long Do I Have to File a Heart Attack Misdiagnosis Lawsuit?
The time limit to file a heart attack misdiagnosis lawsuit, also known as the statute of limitations, can vary depending on the specifics of your case and the jurisdiction. In Illinois, most medical malpractice lawsuits must be filed within two years from when the patient discovered the injury or reasonably should have discovered it.
There may also be some exceptions that extend the deadline in some circumstances. For example, different rules may apply if the patient is a minor or the defendant is a government entity.
At Levin & Perconti, our heart attack misdiagnosis attorneys are well-versed in the specifics of statutes of limitations in various jurisdictions and can help you better understand the time limits that apply to your case.
What are Common Types of Heart Attack Misdiagnosis?
Heart attack misdiagnosis can take several forms, often due to the complexity of the condition and the variability of its symptoms. Here are some common types of heart attack misdiagnosis:
- Misinterpretation of Symptoms: Heart attack symptoms can be diverse and may resemble other conditions. Common symptoms such as chest pain, shortness of breath, or fatigue might be wrongly attributed to less severe conditions like indigestion, anxiety, or general tiredness.
- Failure to Conduct Adequate Tests: If a health care provider does not order necessary tests like an EKG, blood tests, or imaging studies, a heart attack may go undiagnosed.
- Misreading Test Results: Even when tests are performed, errors can occur in interpreting the results, leading to a missed diagnosis.
- Ignoring Atypical Symptoms: Heart attack symptoms can present differently in women, older adults, and people with diabetes. These atypical symptoms may be overlooked or attributed to other conditions.
- Failure to Recognize a Silent Heart Attack: Some heart attacks, known as silent heart attacks, occur without the classic symptoms. These can be particularly difficult to diagnose.
- Overlooking Patient History: If a health care provider fails to consider a patient’s personal or family history of heart disease, they may miss signs of a potential heart attack.
Each of these types of misdiagnosis can lead to delayed treatment and potentially serious harm to the patient. It’s crucial for health care providers to thoroughly evaluate patients presenting with potential heart attack symptoms to ensure accurate diagnosis and timely treatment.
How Do I Choose a Medical Malpractice Attorney to Help Me with a Misdiagnosis Case?
Choosing the right medical malpractice attorney for your heart attack misdiagnosis lawsuit is crucial to ensure you have someone with your best interest in mind representing you. Here are some factors to consider:
- Experience: Look for an attorney specializing in medical malpractice who has experience with heart attack misdiagnosis cases. They should have a proven track record of successful outcomes in similar cases.
- Reputation: Consider the attorney’s reputation in the legal community. Look at reviews and testimonials from past clients, and check if they have any professional recognitions or awards.
- Resources: Medical malpractice cases can be complex and require expert testimony. Ensure the attorney has the resources to thoroughly investigate your case and hire necessary experts.
- Communication: Your attorney should be able to explain complex legal concepts in a way you understand. They should also keep you updated on the progress of your case.
- Comfort Level: You should feel comfortable discussing personal information with your attorney and feel confident in their abilities.
How Can the Medical Malpractice Lawyers at Levin & Perconti Help?
The medical malpractice lawyers at Levin & Perconti bring a wealth of experience and expertise to help you get the compensation you deserve.
We have developed an effective and aggressive approach to handling heart attack misdiagnosis cases like yours. With over 200 combined years of experience across our firm, we know what it takes to ensure you get fair compensation. We will work with you to apply our approach to your case’s specific details and needs ensuring you get personalized attention when working with our team.
We have a track record of success and the financial resources to hold prominent health care providers accountable for your injuries after a heart attack misdiagnosis. Contact us today for your free consultation to learn more about your legal options and how our heart attack misdiagnosis lawyers can help.
Testimonials
Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude.
They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us.
Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true.
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Notable Results
SETTLEMENT
for failure to properly read pap smears, resulting in the misdiagnosis of cervical cancer and eventual death of a 35-year-old mother of three children.
SETTLEMENT
for failing to biopsy a known breast tumor, resulting in the delay of diagnosis of breast cancer, causing death.
SETTLEMENT
for failing to perform an annual pelvic exam, which resulted in the untimely diagnosis of ovarian cancer.
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