Failure To Diagnose

When doctors don’t see what’s wrong, we can make things right

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You can’t fix a problem if you don’t see the problem. In the practice of medicine, a physician’s failure to make a timely and correct diagnosis of a patient’s medical condition can cost that patient the opportunity to treat that condition in a timely manner. Prompt intervention and treatment are often critical to the successful resolution of most diseases and other medical conditions, and a doctor’s failure to make a timely diagnosis can allow a disease to progress to a point where the outcome is irrevocably compromised.

Unfortunately, incorrect and missed diagnoses happen all too frequently every year, causing countless patients and their families to suffer every year. According to a 2014 study, an estimated 12 million American adults are misdiagnosed each year; the equivalent of one out of every 20 patients. In approximately half of those cases, the incorrect or missed diagnosis resulted in harm to the patient.

Maine’s best trial lawyers can get you the answers, care, and compensation you deserve

When doctors, radiologists, oncologists, or other healthcare professionals fail to follow the proper standard of care when diagnosing a patient and the patient suffers harm as a result, their negligence can be the basis for a medical malpractice claim for compensation. In fact, one study concluded that missed or incorrect diagnoses are the most common basis for medical malpractice claims.

It can be difficult to know whether your healthcare provider should have diagnosed and initiated treatment for your condition earlier, whether they breached their duty of care, and whether that breach contributed to your suffering. The lawyers at Berman & Simmons, widely respected as the best medical malpractice and personal injury attorneys in Maine, can get you the answers to those questions, and will work tirelessly to obtain the full compensation you deserve for losses caused by a failure to diagnose.

Our record of success in medical malpractice cases is second to none. With attorneys who combine their legal talent with extensive medical knowledge and resources that give us access to the world’s leading and most highly credentialed medical experts, Berman & Simmons has received over $1 billion for our clients, including several of the largest medical malpractice jury verdicts and settlements ever obtained in Maine.

We can identify and prove the malpractice that led to the negligent failure to diagnose your condition

No matter the underlying reason your doctors negligently failed to diagnose and treat your condition, we can expose the mistake and prove to a judge or jury that it was the reason for your harms and losses.

Some of the most common errors that lead to a failure to diagnose include:

  • Failure to order appropriate diagnostic tests;
  • Mistakes by physicians interpreting test results;
  • Inadequate physical examinations;
  • Disregarding patient complaints;
  • Delay in making a necessary referral to a specialist;
  • Failure to perform indicated tests and screenings; and
  • Failure to provide appropriate follow-up care.

Lawyers dedicated to making your life better

The reality is that medical malpractice affects the lives of hundreds of thousands of Americans every year. But abstract statistics mean little when you are trying to deal with the immediate challenges you are facing. At Berman & Simmons, we want to relieve some of these burdens so you can devote your time and energy to recovering.

When you speak with us at your free initial consultation, we will carefully and patiently listen to your story as part of our comprehensive effort to understand what happened. We will then bring our extensive experience and unmatched resources to bear on your behalf, developing solutions that can make your life better, including obtaining payment for or deferral of your debts until we resolve your case.

Attorney Susan Faunce working remotely

Your free consultation is a phone call away. Contact Berman & Simmons today.

Maine has strict statutes of limitations for filing medical malpractice complaints, so it’s critical to consult with us as soon as possible if you think you or a loved one may be a victim of a missed or incorrect diagnosis. Your initial consultation is free, and you pay nothing unless we obtain compensation for you by settlement or jury verdict, so there is no reason not to call.

Please contact Berman & Simmons today at (207)784-3576. Our Maine medical malpractice attorneys are ready to help you through this difficult time so you can recover and rebuild your life.

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It never hurts to consult an attorney regardless of whether you decide to move forward.

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  • What do I prepare for the first call or meeting with you?

    For your first meeting with us, simply tell us your story and explain in your own words what happened and how your life has been affected. If you’re meeting with us in person, you can bring notes about what happened to you, driver insurance information, names of any witnesses, photos of the accident damages or injuries, medical records, and other related paperwork if you have it and if it’s applicable, but that information isn’t necessary. Really all you need to do is be yourself, speak with us honestly, and be willing to tackle your problems with us.

    Initial conversations between potential clients and our staff members are often done over the phone. Rest assured that everything we discuss is confidential and protected under law.

  • How much will a lawyer cost me?

    The lawyers at Berman & Simmons work on a contingency basis. That means you pay nothing up front and nothing unless we settle or win your case. We will consult with you, evaluate your situation, and do initial research free of charge. This is true even if we decide you don’t have a valid claim. We will also cover all necessary case expenses and you will not be obligated to reimburse us until and unless we recover monies on your behalf. if we do take your case and win a settlement or a jury verdict in your favor, a percentage of the compensation goes to pay for our costs and the work done by our legal team.

  • How will I know if I have a case?

    To pursue a case, we will need to prove that you suffered a substantial personal injury and the injury was directly caused by the negligence of another party. A bad result alone is not enough to establish negligence. We let you know upfront if we are able to move forward with the legal process, or if we don’t think you have a case. Generally, we will know if you have a case after our first phone call or meeting.

    If we believe you have a valid claim and decide to move forward with litigation, our attorneys and staff will then take it from there and do everything else that needs to be done, including obtaining and reviewing records relevant to your case, such as accident reports and other law enforcement documents, employer records, medical records, and other information.

  • How long will it take to resolve my case?

    Every case is different, and there is no way to predict how long it will take for your case to be resolved. Some cases end in a matter of months, while the most complex and challenging cases, such as a medical malpractice case, can span several years. The vast majority of cases, however, are resolved before a trial and usually within a year.

    The goal is to make sure you receive fair compensation for your injuries, no matter how long it takes whether that comes in the form of a pre-trial settlement, or with a jury verdict in your favor.

  • How much is my case worth?

    There are many factors that need to be considered when determining the value of your case. Every case is unique and it takes a team effort — including your attorney, staff researchers, and outside experts — to determine the extent of your damages and how much your case is worth. There are two types of damages for which you could receive
    compensation: Economic and non-economic.

    If your case goes to trial and a jury agrees you deserve compensation, the jury members will decide how much the money you should receive for each category of damages.

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