Prompt and accurate diagnosis is critical for preventing fatal outcomes, however, errors still happen and often they have devastating results, including wrongful death.
In this blog, we are discussing heart attack misdiagnosis, its consequences, and legal options for victims and their families in Miami and throughout Florida.
Heart Attack Misdiagnosis Statistics
Misdiagnosis of heart attacks is more common than many think:
- One in three patients with heart attack symptoms receive initial misdiagnosis.
- Women face nearly 50% more the risk of misdiagnosis compared to men.
- 5% of acute coronary syndrome cases in women are initially misdiagnosed versus 3% in men.
- Heart failure misdiagnosis rates range from 16.1% in hospitals to 68.5% in referrals from general practitioners to specialists.
These statistics highlight how serious the issue is. A misdiagnosed heart attack can lead to unnecessary suffering and in the worst cases, death.
Common Reasons for Heart Attack Misdiagnosis
Several factors contribute to heart attack misdiagnosis:
1. Failure to Recognize Heart Attack Symptoms
Heart attacks manifest differently in various populations. Women and elderly patients often present atypical symptoms. This leads to overlooked diagnoses.
Key factors include:
- Chest pain is absent in some cases
- Shortness of breath is mistaken for anxiety
- Fatigue attributed to age or stress
- Nausea and vomiting are confused with gastrointestinal issues
Healthcare providers must consider patient history and risk factors. Thorough evaluation prevents missed diagnoses.
2. Incorrect Diagnosis
Symptoms of heart attacks mimic other conditions. This results in misattributed diagnoses:
- Anxiety or panic attacks
- Acid reflux or indigestion
- Pneumonia
- Musculoskeletal pain
Misdiagnosis delays critical treatment. Every minute counts in cardiac emergencies.
3. Failure to Order Necessary Tests
Proper diagnosis requires appropriate tests:
- Electrocardiogram (ECG)
- Blood tests for cardiac enzymes
- Imaging studies (e.g., chest X-ray, echocardiogram)
Skipping or misinterpreting these tests leads to missed diagnoses. Healthcare providers bear responsibility for ordering and correctly interpreting diagnostic tests.
4. Failure to Provide Timely Treatment
The first hour after a heart attack, often called the “golden hour,” is critical. Failure to provide timely treatment during this period can result in severe long-term effects or death. Patients who receive treatment quickly have significantly better outcomes. Delays can lead to irreversible heart damage, making timely intervention essential.
Timely interventions include:
- Administering clot-busting medications
- Performing angioplasty or stenting
- Providing supportive care to stabilize the patient
Failure to act swiftly constitutes a breach of the standard of care.
Wrongful Death Due to Heart Attack Misdiagnosis
Wrongful death due to heart attack misdiagnosis occurs when a patient dies because of a healthcare provider’s failure to properly diagnose or treat a heart attack. Under the law, wrongful death refers to a death caused by the negligence or misconduct of another party. In medical settings, this typically involves errors that could have been avoided with proper care.
Families of victims may pursue legal action against healthcare providers or institutions responsible for the misdiagnosis with the assistance of experienced wrongful death attorneys.
Wrongful Death Lawsuit
Families affected by wrongful death due to heart attack misdiagnosis may have the right to pursue legal action. A wrongful death lawsuit for heart attack misdiagnosis is a claim against a healthcare provider whose negligence led to a loved one’s death. Legal grounds for a wrongful death claim include:
- Breach of the standard of care
- Negligence in diagnosis or treatment
- Failure to obtain informed consent
In Miami, Florida law sets a two-year statute of limitations for medical malpractice cases. This period begins from the date of death or discovery of the malpractice.
Potential compensation for families includes:
- Medical expenses
- Funeral and burial costs
- Lost wages and future earnings
- Pain and suffering
- Loss of companionship
To file a lawsuit, the family must prove that the healthcare provider’s negligence directly caused the patient’s death. This typically involves showing that the medical provider failed to provide an acceptable level of care. Consult a heart attack misdiagnosis lawyer to better understand your rights and options.
Victims of Misdiagnosis in Florida: What to Do
In providing heart attack misdiagnosis cases, the Florida medical malpractice laws have special requirements. Before filing a suit, there should be a pre-suit investigation that includes all the relevant medical records and consultation of experts. The reasonable grounds must be provided by an affidavit of a qualified medical expert.
The statute of limitations is two years from discovery, with a four-year statute of repose. A Notice of Intent to Initiate Litigation must be served on defendants before filing suit, giving them 90 days to investigate and perhaps settle. Florida does not cap non-economic damages in medical malpractice cases anymore. The state is a pure comparative negligence system that could reduce compensation if the patient shares fault.
With these complexities, the presence of an experienced local wrongful death attorney remains indispensable. Their assistance includes:
- Evaluating the merit of the case
- Conducting the necessary pre-suit investigation
- Obtaining affidavits from expert witnesses
- Filing requisite notices and documents
- Negotiating with insurance companies
- Representation of clients in the court process
A good, wrongful death lawyer, who specializes in the misdiagnosis of heart attacks, knows both medical and legal aspects. They will argue how the misdiagnosis created a breach of the standard of care and led to wrongful death. They address every one of the specific needs of Florida and ensure it is most likely that grieving families will receive justice.
Heart Attack Misdiagnosis Lawyer in Miami
Heart attack misdiagnosis can devastate families. In Florida, pursuing justice requires understanding complex legal procedures. Don’t face this challenge alone.
Dolan Dobrinsky Rosenblum Bluestein, LLP stands ready to help. Our wrongful death lawyers specialize in heart attack misdiagnosis cases. We offer:
- Free consultation
- No contingency fee
- Extensive experience in Florida medical malpractice law
- Compassionate support during difficult times
Time is critical. Florida’s statute of limitations may impact your case. Act now to protect your rights and seek the compensation you deserve.
Contact Dolan Dobrinsky Rosenblum Bluestein, LLP today. Let our experienced wrongful death attorneys guide you through the legal process. We’ll fight tirelessly for justice while you focus on healing. Call us at 305-371-2692 now.