Friday, July 28, 2017

What Happens When Someone Dies of a Misdiagnosed Treatable Illness?

Cancer, heart disease, and other illnesses have the potential to go undetected or undiagnosed, sometimes until it is too late. The earlier a serious illness is detected, the greater the chance of being able to treat it successfully. In the case of cancer, for example, early detection will allow for timely chemotherapy or radiation therapy, and the ultimate effects of the disease may be significantly lessened. Some of the most commonly misdiagnosed – or undiagnosed treatable illnesses and diseases include the following:

  • Cancer
  • Heart disease
  • Diabetes
  • Lupus
  • Parkinson’s disease
  • Lyme disease
  • Multiple sclerosis

Despite all of the recent advances in medical technology, these illnesses are still all-too-often misdiagnosed – or not diagnosed at all until it is too late. Cancer is still one of the most commonly misdiagnosed illnesses and a delayed diagnosis and treatment allows cancer cells to multiply rapidly, potentially wreaking havoc on a person’s body and ultimately resulting in further injury or an untimely death.

If you or someone you love has been the victim of a cancer misdiagnosis at the hands of a healthcare provider, or if a loved one has died as a result of a medical misdiagnosis, you may be entitled to monetary compensation under Florida law. The knowledgeable and skilled St. Petersburg medical misdiagnosis lawyers at Dolman Law Group will be able to review all of the facts and circumstances of your case with you and can take the necessary legal actions.

In Florida medical malpractice cases, a medical expert must be able to testify that the treating doctor acted outside the established medical standard of care. Our experienced St. Petersburg misdiagnosis attorney will also be able to obtain and review all of the pertinent medical records, MRI’s, mammograms, and other imaging studies, and retain a knowledgeable medical expert who can testify in the case.

If a family member dies as a result of a medical misdiagnosis, you may be able to file a wrongful death claim on behalf of your loved one. A wrongful death action allows a decedent’s surviving family members to receive monetary compensation for the decedent’s injuries, pain, and suffering sustained at the hands of a negligent health care provider. Our experienced Florida medical misdiagnosis lawyers can assist you with filing a wrongful death action in your case.

Types of Cancer Misdiagnoses

Cancer misdiagnoses usually occur when healthcare providers fail to notice or take action on various warning signs and symptoms – or when they fail to follow proper medical protocols and  

testing procedures. The most common types of cancer misdiagnoses include the following:

  • Misreading lab or biopsy results
  • Failing to follow up on questionable test results or mammograms 
  • Failing to perform adequate or regular cancer screenings and tests
  • Misdiagnosing a cancerous tumor as benign
  • Failing to observe physical symptoms upon examination
  • Failing to order the proper tests or blood work
  • Failing to provide proper follow-up care or testing

The following types of cancers are commonly misdiagnosed:

  • Breast
  • Lung
  • Ovarian
  • Prostate
  • Testicular
  • Colon
  • Skin

Florida Statute of Limitations in Medical Misdiagnosis and Medical Malpractice Cases

A St. Petersburg medical misdiagnosis attorney will be able to file a claim or a lawsuit within the Florida statute of limitations time period for medical negligence cases. In a Florida medical misdiagnosis case, the statute of limitations is two years from the date of the misdiagnosis – or from the discovery of the misdiagnosis.

Florida, unlike many other states, requires that prior to filing a lawsuit, another doctor (i.e. an expert) provide a sworn statement, under oath, that there was, in fact, a cancer misdiagnosis.

If a medical malpractice lawsuit is not filed within the applicable statute of limitations time period – or if the sworn statement is not provided in a timely manner, you may be forever barred from filing a lawsuit or from seeking monetary recovery for injuries and damages suffered by the decedent. Therefore, it is best to contact a knowledgeable medical misdiagnosis lawyer as soon as possible. An experienced lawyer will be aware of these notice deadlines and will be able to take the necessary legal actions to safeguard your rights, as well as your potential recovery.

In order to prove medical malpractice, or medical negligence, on the part of a treating healthcare provider in a Florida medical misdiagnosis case that involved wrongful death, the decedent’s estate must prove that the healthcare provider breached the applicable standard of care. In other words, the healthcare provider must have failed to act as a “reasonably prudent doctor” would have acted under the same or similar circumstances. Again, under Florida law and prior to filing a lawsuit, another doctor (i.e. an expert) must provide a

sworn statement, under oath, that there was a misdiagnosis.

The wrongful death plaintiff must also be able to prove that the doctor’s breach of the standard of care proximately resulted in the decedent’s death.

Potential damages recoverable in a misdiagnosis wrongful death case are slightly different from damages that are recoverable in a run-of-the-mill medical malpractice case. In a wrongful death case, the potential damages are geared more towards compensating the decedent’s surviving family members for loss of the decedent’s companionship and support. Some of the most common types of damages that are awarded in medical malpractice cases involving a wrongful death include the following:

  • Loss of support of the decedent
  • Loss of services (income) of the decedent
  • Lost prospect of inheritance
  • Decedent’s medical expenses up to the time of death
  • Funeral expenses

In short, the damages recoverable in a wrongful death case must be ‘fair and just compensation’ for the pecuniary losses that resulted from the decedent’s death.

Contact a St. Petersburg Medical Misdiagnosis Lawyer Today

Medical malpractice and medical misdiagnosis cases can be very difficult to prove, as healthcare providers are oftentimes given the benefit of the doubt when treatment issues arise. Therefore, it is essential that you have a Florida medical misdiagnosis attorney representing you throughout your case every step of the way.

To schedule a free consultation and case evaluation with a St. Petersburg medical misdiagnosis lawyer, please call us or contact us online.

Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922

Thursday, July 20, 2017

The Costs of a Spinal Cord Injury

The costs of any injury do not stop at the first round of medical bills. Ongoing treatment, rehabilitation, missed work, lost business opportunities, and the decreased ability to participate in physical activities can affect an injury victim’s enjoyment of life for years to come. When an injury is severe or permanent, these hidden costs can escalate quickly.
For victims of spinal cord injuries, the effects of the injury can be catastrophic. Even spinal cord injuries which do not result in death or paralysis can incur significant expenses for the rest of the victim’s life. Injury victims have a legal right to be compensated for all their losses by the person who caused the injury. It takes an experienced personal injury attorney to carefully identify all the hidden costs of a spinal cord injury and ensure that the victim is fully and fairly compensated for all of them.
If you or a loved one has suffered a spinal cord injury, contact the Dolman Law Group today. Our spinal cord injury attorneys have extensive experience in protecting the rights of spinal cord injury victims across southern Florida.
The Many Types of Legal Losses
Florida law protects the rights of injury victims to be compensated for all their losses by the person, persons, or legal entities which caused their injury. The value of these losses is known as the victim’s “legal damages”. There are many different types of losses which are sustained in an accident, and victims have a right to be compensated for all of them.
Medical Bills: Medical expenses are the easiest loss to value. Often, a victim has specific invoices which show the exact dollar amount spent on medical treatment related to the accident. This can include an initial ambulance response, treatment in an emergency department or urgent care facility, hospitalization, consultations with neurological experts, diagnostic testing, follow up appointments, and any other medical expenses that were incurred as a result of the accident.
Ongoing Treatment: Spinal cord injuries are severe, and they often result in medical treatment that is required for years to come. This can include pain management services, occupational or physical therapy, neuropsychological testing and treatment, and other services related to long-term care. The amount of such expenses can be difficult to calculate, as the cost of future medical treatment cannot be determined precisely at the time a claim is negotiated. Nonetheless, all such services are compensable by the person responsible for causing the injury.  
Lost Wages: Many spinal cord injury victims miss a significant period of work immediately following an accident. Lost wages are simple to calculate for a defined portion of time, by calculating the employee’s hourly wage multiplied by the hours of work that were missed. However, a lost wage claim becomes more complicated when an injured worker loses bonuses, performance incentives, or other financial opportunities lost as a result of the accident. It can be difficult to prove the exact amount of such incentives – and to prove that they were only lost because of the accident, and not due to any other factors. Nonetheless, they are a compensable loss sustained by injury victims.
Lost wage valuations also become more complicated with a permanent injury, such as damage to the spinal cord. The employee is entitled to be compensated for all future time lost from work due to ongoing medical appointments, but this is nearly impossible to determine with any accuracy. Furthermore, if an employee’s symptoms are significant, he or she may suffer a permanent impairment to income as a result of the accident. In such a case, the injured employee is entitled to be compensated for his or her decreased future earning potential.
Pain and Suffering: An accident victim’s pain and suffering is often the largest component of a personal injury award. It is also the most subjective and can be the most difficult to prove. This is why many insurance companies attempt to reduce a personal injury award by targeting the pain and suffering component and attacking its value.
Spinal cord and other nerve injuries are notoriously painful. There is extensive research on the pain associated with nerve injuries, and this can be used to defend an injury victim’s pain and suffering award. A skilled attorney will ensure that all past, present and future suffering is fully compensated by the responsible party.
Permanent Impairment: An injury victim is entitled to be compensated for any permanent impairment that he or she will suffer. This can be something as simple as a scar, or as complex as a pianist’s inability to play the instrument after a spinal cord injury. These, too, are incredibly subjective losses that do not lend themselves to an easy valuation. They can also be the most devastating loss an injury victim sustains. With a strong legal argument supported by case law and research data, an injury victim can obtain the compensation he or she deserves for these permanent losses.
It is also important to note that a single treatment can result in several different forms of compensation. For example, many spinal cord injury patients must be temporarily immobilized in order to stabilize or realign the spine (or both). There are set costs for this service (hospitalization, equipment, etc.). Immobilization also results in lost wages, and loss of enjoyment of other social activities (such as sports). And it is almost inevitable that the immobilization procedure will result in pain and suffering. All of these losses are separate, compensable legal damages.
The Right Legal Representation for your Personal Injury Claim
Whether your spinal cord injury was caused by a car accident, workplace accident, medical malpractice, or other factors, you need an experienced spinal cord injury attorney who will aggressively defend your right to be compensated for your losses. The Dolman Law Group has over forty-six years of experience in protecting the rights of injury victims in and around the St. Petersburg area. Call (727) 222-6922 to schedule your free consultation with a personal injury attorney today. Injury victims across southern Florida trust our professional staff, comprehensive legal expertise, and superior customer service.
Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922

Tuesday, July 11, 2017

How to Know if You Should Call an Attorney after an Accident

Automobile accidents can be very scary experiences for everyone involved. If you have never been involved in a car accident before, the entire claims experience can be even more overwhelming.

If you have sustained injuries and damages in a St. Petersburg motor vehicle accident, you should consider retaining a skilled and knowledgeable personal injury attorney to represent you in your case. The experienced personal injury attorneys at Dolman Law Group can offer you some peace of mind and may be able to help you obtain the compensation you need and deserve under Florida law.

The first thing you should focus on after being involved in a Florida car accident is seeking medical treatment and recovering from your injuries. The second thing you should do is to seek the services of a skilled personal injury lawyer. An experienced attorney can help to streamline the negotiation, settlement, and litigation processes for you, so that you can focus on recovering from your injuries.

How to Know Whether a St. Petersburg Personal Injury Attorney May be Right for You

If you have sustained injuries in a motor vehicle accident and are thinking about taking legal action, it is best to proceed forward with a knowledgeable attorney on board. Florida personal injury law is complex, filing deadlines apply, and time may be of the essence. A personal injury attorney may be able to assist you in some of the following ways:

  • Recommending treatment options and referring you to healthcare providers and specialists who offer that kind of treatment
  • Obtaining copies of your medical records and bills (and submitting them to the insurance company)
  • Negotiating with insurance adjusters on your behalf
  • Filing suit on your behalf in a timely manner
  • Pursuing cost-effective alternative dispute resolution options, such as mediation or arbitration
  • Representing you at trial if your case does not settle

First Steps to Take after Being Involved in an Automobile Accident

The first thing you should do after being involved in an auto accident is to contact the police by calling 9-1-1. You should also exchange insurance information with the other driver and obtain contact information from any eyewitnesses to the accident.

Finally, you should seek immediate follow-up medical care at a hospital emergency room or urgent care facility. This is true even if you are not in serious pain following your accident. It is important to seek follow-up medical care because pain and symptoms do not always manifest themselves immediately. In fact, in many cases, symptoms do not become evident until days – or even weeks – after the date of the accident. In short, it is better to be safe than sorry and to

go ahead and seek medical treatment.

Learning More about Treatment Options

If you have been injured and are contemplating filing a claim or lawsuit for personal injuries, a Florida personal injury attorney may be able to recommend treatment and/or refer you to a specific healthcare provider or specialist.

An attorney may also be able to refer you to a healthcare provider in order to obtain a permanency evaluation. A good permanency evaluation will establish the level of permanent whole body impairment that you sustained as a result of the accident.

Knowing Whether or not to provide a Recorded Statement to an Insurance Company’s Adjuster

A Florida personal injury lawyer will be able to offer you some advice on recorded statements. Contrary to their generally friendly demeanor when dealing with you on the phone, insurance adjusters are not working for you. Rather, they are working for their insurance companies and are not interested in fully and fairly compensating you for your injuries or making you whole. Although the adjuster may make it seem like a recorded statement is mandatory, that is not the case.

You should never provide a recorded statement to an insurance company’s adjuster without first contacting an attorney – or without having the attorney physically present (or on the phone with you) during the recorded statement.

Making Sure that Claims and Lawsuits are Filed in a Timely Manner

The State of Florida enforces a four-year statute of limitations on personal injury cases, including motor vehicle accidents in which the driver or passengers sustain injuries as a result of someone else’s negligence. This means that absent some limited exceptions, such as disabilities, the injured plaintiff must ordinarily file a claim or lawsuit within four years of the date on which the injury or injuries were sustained. Otherwise, the plaintiff is forever barred from seeking monetary recovery for those injuries or from filing a claim or lawsuit.

An experienced personal injury lawyer will be able to ensure that a claim or lawsuit is filed in a timely manner and that the proper parties are brought into the case. For example, if the driver of another vehicle was negligent in causing an accident, the owner of that vehicle may also be liable for damages caused to the injured plaintiff, under Florida agency law.

The owner of the other vehicle could also potentially be liable for negligent entrustment of the vehicle to the driver. This might be true in a case where the driver was known for driving recklessly on a previous occasion or received a citation or conviction for reckless driving in the past.

Proving Negligence in a Florida Car Accident Case

If you have been injured as a result of another driver’s negligence on the roadway, you may be entitled to legal compensation under a negligence theory of recovery. In order to prove negligence, you must successfully demonstrate that the defendant driver failed to act in a reasonably prudent manner, thereby causing the accident which led to your personal injuries and damages. A knowledgeable personal injury attorney will be able to assist you with meeting your burden of proof in a personal injury auto accident case.

Contact a St. Petersburg Personal Injury Attorney Today to Discuss Your Case

Florida auto accidents sometimes create more questions than answers. A skilled Florida auto accident personal injury lawyer will be able to streamline the process for you and can represent you throughout settlement negotiations, litigation, and trial. If the insurance company refuses to place a favorable settlement offer on the table, our experienced attorneys are not afraid to take your case to trial.

To schedule a free consultation and case evaluation with a personal injury attorney, please call us today or contact us online.

Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922