When you visit a medical professional, you assume that the doctor will take your symptoms seriously. If you’ve ever looked online at your symptoms when you don’t feel good, you already know how challenging it can be to diagnose an illness or disease accurately.
However, there’s a difference between a doctor who tries their best to diagnose you and one who is negligent and dismisses your concerns. You could have a claim for misdiagnosis or delayed diagnosis. Understandably, prospective clients want to know the average settlement for a delayed diagnosis.
Unfortunately, there is no average settlement amount or range for these types of medical malpractice cases. In fact, there is no average settlement range for any personal injury claim. No two cases are alike, so coming up with an average settlement amount is impossible. What’s more important than the average settlement for a delayed diagnosis? Your case value. After all, that’s what you should be concerned with, not an unrelated hypothetical.
If you want to know your potential delayed diagnosis settlement value, contact a Kentucky medical errors lawyer at Gladstein Law Firm, PLLC.
What Is Considered a Delayed Diagnosis in Kentucky?
A delayed diagnosis in Kentucky means the doctor did not diagnose your disease, health condition, or another ailment within a reasonable amount of time. However, you cannot claim a delayed diagnosis if you do not seek medical assistance. You must have sought medical treatment for a valid claim, but the medical professionals in charge did not correctly diagnose your condition.
Consider a situation where someone has stage four cancer. If the doctor took six months to diagnose the patient and cancer rapidly spread in the meantime, the doctor might be guilty of a delayed diagnosis. If the doctor diagnosed cancer as something else, it would be a misdiagnosis. Both a delayed diagnosis and misdiagnosis can cause you further injuries. Before you are eligible to receive any compensation, you must prove the doctor was negligent.
Factors that Impact the Settlement Value of a Delayed Diagnosis
Various factors impact your claim value, so there is no average settlement for a delayed diagnosis. When these factors increase your case value, the insurance company could be paying out additional money. Now, we’ll touch on some of these potential factors.
The severity of Your Injuries
The severity of your injuries plays an integral role in your potential case value. When someone suffers catastrophic injuries, it can lead to permanent disability and the need for ongoing medical treatment. For example, someone who has permanent or life-threatening injuries would have a higher case value than someone who ultimately recovers from their injuries.
Total Amount of Damages
Your total amount of damages also impacts your delayed diagnosis settlement value. Medical treatment, lost wages, pain and suffering, etc., are a few of the damage categories that affect your case. The higher your damages total, the more money your claim could be worth. In cases involving severe injuries with a permanent disability, your damages can be very high.
Liability is also something to consider. If you contributed to your own injuries in some manner, then your settlement amount could be reduced. Kentucky is a pure comparative negligence state. If the court determines you’re a percentage at fault, you will receive less money. For example, if the jury finds you 20% at fault, you will only collect 80% of your total value.
Amount of Available Coverage
Insurance coverage in medical malpractice cases is typically very high compared to other applicable policies in personal injury cases. However, in cases involving catastrophic injuries with permanent damage, the amount of your damages could exceed the available insurance.
Strength of the Evidence
Presenting a robust medical malpractice claim in Kentucky requires you to have solid evidence of the doctor’s wrongdoing. That is why you need a skilled Kentucky medical errors lawyer representing you. Building a solid medical malpractice case is complicated. Don’t attempt to handle your claim independently or you risk lowering your delayed diagnosis settlement value. Instead, let Gladstein Law Firm assist you.
You are under no obligation to hire an attorney, but given the complex nature of medical malpractice lawsuits, you need an experienced legal advocate on your side.
How a Kentucky Medical Errors Lawyer Can Help You
When you schedule an initial consultation with our firm, we will explain the legal process and tell you what we believe your case is worth. Your lawyer will provide you with a high and low number. The low number is the lowest amount your attorney thinks you should agree to during settlement talks. However, we will still fight for the maximum compensation possible and work tirelessly to protect your rights.
We will start by conducting a thorough investigation and gathering all pertinent documentation and evidence. This documentation includes medical records, witness statements, doctors’ notes, and lost wages documentation. Your attorney will also handle all communications with the defendant’s attorney and the insurance company, including settlement negotiations. You will not need to worry about the doctor’s legal team or insurance provider trying to intimidate you.
Your legal practitioner will likely want to hire medical experts as well. They will review your case and prepare a report indicating whether they agree with your position that the medical professional is guilty of a delayed diagnosis in Kentucky. Should your case wind up in litigation, your lawyer may call these experts to give testimony during a deposition and possibly trial.
Contact Gladstein Law Firm, PLLC
Were you or a loved one injured due to a doctor’s delayed diagnosis in Kentucky? If so, you need to speak with the professional legal team at Gladstein Law Firm, PLLC. Deciding whether to settle or push through to trial is a difficult one. We will provide you with competent legal advice on what we feel the right choice is.
Seth Gladstein is an attorney who has spent years working on the defense side of medical malpractice cases. This experience gives him insight into how the defendant’s insurance company and legal team will act during litigation and the odds of recovery. Contact our office today to schedule an initial consultation to learn more about how we can assist you with a delayed diagnosis in Kentucky.