Marietta Cancer Misdiagnosis Lawyer
Early detection and treatment of cancer is the key to decreasing mortality and morbidity rates, making a misdiagnosis unacceptable. When cancer goes undetected, it could cause severe harm and even death. Speaking with a client-focused Marietta cancer misdiagnosis lawyer could be in your best interest. The first step in pursuing legal options for a patient who received a cancer misdiagnosis is to reach out to a team of attorneys who could work to address a victim’s needs.
What a Marietta Cancer Misdiagnosis Attorney Could Do
An attorney could provide a case consultation that lets the victim know if his or her case has merit, the possible value of the case, and his or her legal rights and options for pursuing compensation for the damages suffered.
Filing the Case
If the patient and attorney decide to pursue legal action against the healthcare professionals who were involved with the misdiagnosis, the next step is for the attorney to research the circumstances and prepare to file the case. Once the case is filed, attorneys for each side would share information. A settlement could be reached at any point, and if one is not, the case could then proceed to trial with cutting-edge courtroom technology.
Recovering Sustained Losses
Through a successful settlement negotiation or jury trial, the injured person’s lawyer could receive a financial award to pay for the victim’s damages. Damages are a financial representation of the losses or inconveniences the victim suffers as a result of the wrongdoer’s negligent or intentional act. Damages in a cancer misdiagnosis case could include:
- Pain and suffering,
- Medical expenses,
- Loss of enjoyment of life,
- Loss of consortium, or
- Lost wages and future earning capacity.
Importantly, the Georgia Supreme Court did away with limits to non-economic damages, which could mean more compensation for victims. For a more accurate assessment of losses, victims should turn to attorneys who could enlist the services of an in-house doctor.
Cancer Misdiagnosis Cases Require Affidavit of Expert
Courts place certain restrictions or requirements on victims filing medical malpractice cases. As noted in O.C.G.A. § 9-11-9.1, a cancer misdiagnosis case requires the filing of an affidavit of an expert when the case is filed. If obtaining this affidavit would keep victims or their cancer misdiagnosis lawyer in Marietta from filing the case within the statute of limitations, then a 45-day extension is granted to file the affidavit in very limited circumstances.
An affidavit of an expert helps prevent meritless medical lawsuits that previously tied up the courts and kept legitimate cases from being processed promptly. This affidavit is signed by a medical expert and provides his or her sworn opinion that a minimum of one negligent act was committed by each negligent healthcare provider named as a defendant in the case. It must also include a factual basis for that expert opinion.
Contact an Experienced Marietta Cancer Misdiagnosis Attorney Today
You have a right to file a case against the practitioner that misdiagnosed you. However, your right to do so is time-limited. Contacting an experienced Marietta cancer misdiagnosis lawyer as soon as possible after you become aware of your misdiagnosis is a vital step to potentially receiving a settlement or award.
If you are ready to get your case started, call at any hour to schedule your free case review with an attorney.
