Delay Or Failure To Diagnose
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Pittsburgh Medical Malpractice Attorneys
When a delayed diagnosis of any kind leads to a serious injury or harm, it may be medical malpractice. You have questions – did the doctors make a mistake? Should they have diagnosed my condition sooner?
The Pittsburgh medical malpractice attorneys of Lupetin & Unatin are dedicated to helping people answer these questions and get the justice they deserve.
Medical Malpractice FAQ
Our legal consultations are always free unless we recover money for you. During the course of our investigation into your medical malpractice claim, we advance any costs that we deem necessary in the proper handling of your case. If we do not recover money for you, you do not have to return any of the costs incurred associated with your case.
This is called the Contingent Fee.
Contingent fees make it possible for anyone to hire only the very best lawyer to decide if there are grounds for a claim, without paying for that advice. More importantly, it gives everyone access to the justice system and representation equal to the best that insurance companies, doctors, and other defendants can hire.
The law limits the amount of time you have in which to file a medical malpractice case in Pennsylvania.
Statute of Limitations: You typically have two years from the date of injury to file a medical malpractice case in Pennsylvania.
Minors Tolling Statute: In a case where the victim is a child (under 18), the statute of limitations does not apply until the child reaches 18. This means that a claim must be filed before the child turns 20.
Discovery Rule: If the injury is not discovered immediately the discovery rule may extend the amount of time in which you can file your claim.
In many medical malpractice cases a settlement is reached without trial. In order to determine and agree upon the amount of a settlement, the following factors are considered:
- Establish the full extent of the injury.
- Determine the future needs of the victim, including expected medical costs and cost associated with living with the injury, such as retrofitting of the home, devices and appliances that may be required, and long-term personal care.
- Determine the maximum recovery obtained in similar cases that may have set a precedent.
- Calculate how much the victim would have reasonably made in wages over the course of their lifetime or in the case of homemakers, their contribution to the needs of their family. For more information on the value of a homemaker, click here.
When you are awarded a medical malpractice settlement you have two options. Your first option is to take your settlement as a lump sum (i.e. a check for the full amount of their settlement). Your second option is to invest some or all of your settlement in a structured annuity that will pay out chunks of money over time at a guaranteed interest rate.
When you opt for the annuity, you enter into a contract with a life insurance company. You give the insurance company a lump sum payment up front. In return, the insurance company provides you regular money distributions at a guaranteed interest rate over a period of time in the future.
Structured personal injury settlements are income-tax free. In 1982, Congress passed legislation that amended the federal tax code. Their action, The Periodic Payment Settlement Act of 1982, formally recognized and encouraged the use of structured settlements. In response, the Internal Revenue Code was modified to exempt personal injury settlements from taxation so long as the proceeds were invested in a qualified structured settlement annuity. By contrast, the investment earnings on a lump sum payment are generally subject to taxation.
As you approach the settlement of your lawsuit, talk to your lawyer about your options. Ask your lawyer to obtain a variety of proposals from a qualified structured settlement company. Discuss the benefits and implications of structuring some or all of your settlement. Until you sign the annuity contract you are free to do as you wish with your money.
Types Of Delayed Diagnosis Cases We Handle
- Delay in diagnosis of an acute coronary syndrome, including unstable angina and ST elevated myocardial infarction, aka heart attack.
- Delay in diagnosis of abdominal infection after surgery, leading to overwhelming blood infection, sepsis, and death
- Delay in diagnosis of bacterial endocarditis resulting in destruction of the heart and death
- Delay in diagnosis of fungal meningitis leading to rising intracranial pressure, cardiac arrest, and death
- Delay in diagnosis of vascular compromise, including blood clots within the arteries of the legs, arms, and lungs (i.e. pulmonary embolus)
- Delay in diagnosis benign brain tumor resulting in compression of the brain and optic nerve and resulting in blindness
- Delay in diagnosis of cirrhosis resulting in permanent liver damage and death
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