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Constantly Helps Those Around Him

John is knowledgeable and experienced but more than that he is a good human. He helps those around him on a consist basis, offering lawyers advice, giving of himself and his office.…...Read More

A Top Notch Choice For Legal Representation

I have owed Attorney Fisher this 5 star review for some time now and am finally getting to it. I am a young Attorney in CT and I learned about Attorney Fisher…...Read More

Knowledgable, Compassionate, and Caring

I recently contacted Attorney Fisher to discuss a potential medical malpractice claim. Like most when calling an Attorney I had hundreds of questions and needed answers. Attorney Fisher was both kind and…...Read More

A Gift To Other Attorneys

What thorough, practical, real world, business development information he has provided for you in his books entitled The Power of a System and The Law Firm of Your Dreams. He really gets…...Read More

No Other Attorney I Would Rather Work With

John Fisher is extremely knowledgeable and an incredible person. There is no other attorney I would rather work with, or trust to handle something as important as a medical malpractice case....Read More

Undiagnosed Illness And Misdiagnosed Ailments As Forms Of Medical Malpractice

Misdiagnosis

Every minute of treatment lost means more pain, suffering, possibly shortens one’s life span, and reduces the chances of survival from serious conditions. Experienced medical malpractice attorneys have seen firsthand what happens when lung cancer was diagnosed as pneumonia, or when a doctor failed to diagnose a concussion.

The medical profession propounds the procedures and protocols to be used by doctors who diagnose patients’ injuries and illnesses. Sometimes, it is as easy as following pre-charted guidelines. Medical professionals charged with diagnosing patients have been trained in the standard of care that is to be provided to patients. Professionals within the same community and within the same position or specialty must treat patients with the care as would any other reasonable and diligent practitioner.

The following is a short list commonly misdiagnosed illnesses:

Headaches
Cancer
Fatigue
Depression
Cancer
Anxiety
Diabetes
Asthma
Fibromyalgia
Lupus
Fatigue

Once there exists a doctor-patient relationship, patients must be timely and properly diagnosed. Their duty as medical professionals requires it. Any injury that results from the misdiagnosis or failure to diagnose is recoverable by the patient in a civil action.

Damages are a reflection of a patient’s physical and emotional harm in monetary terms. The types of damages that exist are compensatory damages and punitive damages. Money lost in payment for treatment that would not have been required if the medical professional had not committed negligence is recoverable. The wages that you have lost because of work lost by having to cure a mistake made by a medical professional are compensable. Your lost ability to earn future income because of the medical negligence is a loss considered by a jury. Any reduction in your chances of survival, life span, and any death caused by a misdiagnosis is a compensable injury.

Juries charged with deliberating upon medical malpractice liability will also be allowed to consider punitive damages. While compensatory damages compensate plaintiffs for their injuries, punitive damages punish the wrongdoer. Punitive damages send a message to a defendant and even an entire profession that their behavior is extreme and egregious.

Punitive damages are rarely awarded, but experienced medical malpractice attorneys know when they are an appropriate award. They are awarded to make an example. Moreover, unlike other states, New York has no cap on the amount of punitive damages that juries can award. Your attorney will weigh the precise factors of your case, analyze other punitive awards granted by juries, and determine if your case is appropriate for such damages.

Given the extreme consequences of misdiagnosis and the failure to timely diagnose, you deserve adequate compensation.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.