Important Factors When Settling a Florida Diagnosis Error Claim
You do not need a background in medicine to know that a proper diagnosis is the foundation for quality patient care, as you have received treatment all your life from health care providers. If a physician makes a diagnosis error, either through a missed or delayed diagnosis, treatment is disrupted. Patients can suffer serious harm and significant losses, so it is good to know that the Florida medical negligence statute applies to diagnostic mistakes.
The nature of the law and legal process for medical malpractice cases encourages parties to settle, with special rules on discovery and settlement conferences. There are many benefits, and one of the most important is certainty. The risk of losing at trial is considerable. However, before you move forward with an agreement, you must consider a few factors. Your Tampa diagnosis error attorney will guide you in assessing the following:
Status on Your Recovery: A diagnosis error may require a wide range of procedures, medications, and other care to treat the patient’s injuries. If you are still receiving treatment, you will need to consider how future care and potential complications could impact your life. Many patients do not fully recover, and you could incur additional medical expenses linked to injuries from misdiagnosis.
Other Losses You Suffer: Another factor to evaluate before settling a diagnostic errors case is how your injuries impact other aspects of your life. These are details you must include when determining the amount you would accept, and your attorney will advise you. For instance:
- You go through pain and suffering because of a diagnosis error.
- If you cannot work in your chosen profession, you must consider the loss of future earning capacity.
- Any losses that affect your quality of life are recoverable in a medical malpractice case.
Strengths and Weaknesses: No diagnosis errors case is perfect, so you will have to assess your evidence and arguments. There will be facts that are solidly in your favor, but some could support a defense or otherwise weaken your claim. If there is a major imbalance between strengths and weaknesses, you should adjust your settlement strategy accordingly.
Lump Sum Payment v. Installments: The insurance company that provides coverage for the physician may offer options on how payments are made when you settle. An installment payment plan is one alternative that provides you with regular, steady income as you recover and into the future. Taking a lump sum would help with immediate bills and financial difficulties. Your attorney can provide details on which option might be a good fit for you.
Schedule a Consultation with a Florida Diagnosis Error Lawyer Today
Settling a medical malpractice case is a wise option for many victims, as long as you review the above factors and consider additional details before agreeing. Our team at Greco & Wozniak P.A. will help you make informed decisions about settlement, so please contact us to learn more about how the process works. You can set up a free case review at our offices in Tampa, FL by calling 813.223.7849 or visiting us online.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.102.html
