Bellevue Cancer Misdiagnosis Lawyer
When diagnosed and treated early, many cancers have a positive prognosis. However, an accurate and early diagnosis takes a knowledgeable and meticulous physician. Sometimes, even the most highly-trained doctors fail to diagnose cancer correctly.
A misdiagnosis often leads to a delay in the appropriate treatment, pain and suffering, disfigurement, and other medical complications as well as costs. For some patients, however, a cancer misdiagnosis may be deadly.
If you are enduring unnecessary consequences due to a cancer misdiagnosis, a Bellevue cancer misdiagnosis lawyer can help. One of our seasoned medical malpractice lawyers with Inkelaar Law may be able to pursue compensation on your behalf.
Pre-Filing Requirement for Cancer Misdiagnoses
Many states have pre-filing requirements, especially in medical lawsuits. Under Nebraska Revised Statute §44-2840, you must have your case reviewed by an expert panel before your attorney can file the cancer misdiagnosis lawsuit in Bellevue.
This pre-filing requirement helps to eliminate the invalid medical claims that can inundate the court system. However, you may be able to elect to waive this requirement and instead file your case directly with the court (Nebraska Revised Statute §44-2840(4)).
Nebraska Revised Statute §44-2841 details the requirements and process for the selection of the expert panel members. The panel must consist of one attorney and three medical experts. All panel members must be licensed to practice in the state.
Each party in the lawsuit will select one physician for the panel. Together, those two physicians will select a third. The panel attorney does not have voting power and instead acts as a consultant for the medical experts.
Panel members are presented with arguments and evidence from both the plaintiff and the defendant. In accordance with Nebraska Revised Statute §44-2843, the panel should be provided with all forms of evidence in the case, including:
- Medical records
- Medical bills
- Deposition tapes or transcripts
After the Panel’s Decision
Within 30 days of receiving a case, the panel must vote to determine whether the case has merit. While you are not bound by the decision of the panel, it does provide you with an idea as to a potential court verdict. The panel’s decision will also be submitted to the court and can be used in the case by a cancer misdiagnosis lawyer in Bellevue and the defense attorney in your cancer misdiagnosis case.
What Factors Determine Compensation in Bellevue
Every case is unique when it comes to compensable damages. This can make it difficult to predict how much you may receive. Whether a case settles before going to trial or not, the compensation you may receive is based on several factors specific to your situation.
Economic damages are those that are factual and easy to calculate, such as:
- Medical expenses
- Lost past and future wages
- Therapy expenses
Damages that are subjective, less concrete, and sometimes difficult to assign a price are called non-economic damages. These include pain and suffering, loss of consortium/companionship, loss of enjoyment of life, and mental anguish.
Getting Help with a Cancer Misdiagnosis Claim from a Bellevue Attorney
If your cancer was misdiagnosed, you probably are wondering what to do next. Our attorneys at Inkelaar Law can help you determine your options. A well-versed injury lawyer in Bellevue may be able to review your cancer misdiagnosis claim and present you with possible options to make a decision that is right for you. To get started on your case, call today.