(845) 802-0047Heart attacks are a common killer in America. For some, heart attacks are unpredictable and strike like a robber in the night. But for others, they are a ticking time bomb just waiting to explode. The key to preventing heart attacks is determining whether you are the ticking time bomb that can explode at any time. Heart studies, such as an EKG, echocardiogram, and a nuclear stress test, are great ways to check the function of your heart. However, the best way to check for your risk of a heart attack is often based on your history of chest pain. When determining whether you may be at risk for a heart attack a doctor should take all of these various factors into account. When these things are not considered or are misdiagnosed, leading to medical issues, a heart attack misdiagnosis lawyer should be consulted to hold the negligent party responsible. To get started or discuss the legal options that may be available to you, call our medical malpractice lawyers today.
Warning Signs of a Heart Attack
A dangerous history of unexpected and unpredictable chest pain is called unstable angina. When you have chest pain or heaviness that is unpredictable and occurs at rest or moderate physical activity, you have unstable angina. You are a ticking time bomb. With unstable angina, you must go to the ER immediately for an evaluation. The doctors at the hospital can give you medicine that will immediately relieve the pressure on your heart and dramatically lower your risk of a heart attack. If this condition is not treated or treated improperly a heart attack misdiagnosis lawyer should be contacted.
What Are the Symptoms?
Recognizing the possible warning signs of heart conditions, complications, and attacks is crucial for everyone, and taking immediate action can save lives. Some of the common symptoms of heart attacks include:
- Burning in the chest area
- Shortness of breath causing pain
- Cold sweats, nausea, vomiting, dizziness, and lightheadedness
- Pain or discomfort in one or both arms, jaw, neck, or stomach
- Sudden onset of anxiety, feeling of impending doom, and palpitations
- Discomfort or pain in the chest area, including pressure or a heavy feeling in the center or to the left side
It is essential to note that women may experience different symptoms and warning signs and are more likely to experience shortness of breath. If a medical professional failed to recognize these warning signs, leading to delayed treatment or severe complications, a misdiagnosed heart attack lawyer may be able to help you seek justice.
The Importance of Early Intervention
Heart attacks do not always happen suddenly—many are preceded by warning signs that, if properly addressed, could prevent a life-threatening event. Early intervention is key in reducing heart attack risk, yet many patients are dismissed or misdiagnosed when they seek medical attention for symptoms such as shortness of breath, dizziness, nausea, or fatigue. These subtle signs, especially when combined with risk factors like high blood pressure, diabetes, or a family history of heart disease, should prompt immediate medical evaluation.
If a doctor fails to take early warning signs seriously and does not order appropriate tests or referrals to a cardiologist, they may be putting a patient at unnecessary risk. Failure to act in a timely manner can result in devastating consequences. If you or a loved one experienced a misdiagnosed or ignored heart attack warning, you may have legal options. Speak with a heart attack misdiagnosis lawyer to understand your rights and hold the responsible party accountable.
Heart Attack Testing
An EKG is a good screening test as the first step in an evaluation of your heart. The EKG can tell you whether you have cardiac ischemia (lack of blood flow to the heart) or whether you suffered a heart attack (acute myocardial infarction). If the EKG shows abnormal heart rhythm, the next step is a transthoracic echocardiogram and a nuclear stress test. These tests will provide precise information about the function of your heart, such as the ability of your heart to pump blood (the “ejection fraction”).
If these tests show blockages of the arteries leading to your heart, a cardiac catheterization can be done to confirm the blockage. An occlusion, or blockage, of the arteries leading to your heart is the most common cause of a heart attack. An operation to remove the plaque blocking your coronary artery can save your life. The diagnosis and treatment of coronary artery disease is crucial to preventing a heart attack. If a doctor does not follow proper protocol, please speak with a heart attack misdiagnosis lawyer.
Keep in mind, the medical specialist trained to treat your heart is a cardiologist. If you have a heart disorder, you should be treated by a cardiologist, not a primary care physician. Many primary care physicians treat heart disorders, but your best bet is always with a cardiologist.
Misdiagnosis and Malpractice
When a physician misses the warning signs due to negligence or straying from the standard of treatment, the patient may have cause for a medical malpractice lawsuit. Understanding the rules and process is essential for proving fault and obtaining payment from the responsible party, and those include:
Expiration Date
The malpractice statute of limitations provides a deadline for patients to pursue monetary damages in medical malpractice cases. Per the rules of the New York Civil Practice Law and Rules Chapter 8 Article 2 § 214-A, the claimant must file the case within two and a half years of the date the damages occurred or the last date of continuous medical care services they received from the defendant. Missing the expiration date of the regulation could result in losing the ability to collect payment from the liable party. There are some exceptions to the statute, depending on the case specifics.
For individuals who suffered harm due to a misdiagnosed heart attack, acting within the legal time limits is crucial. A misdiagnosed heart attack lawyer can help determine if exceptions apply to your case and guide you through the legal process to seek compensation.
Discovery
Sometimes, the civil court may allow for extensions on the deadline. When the injured patient is a minor or is not immediately aware of the damages suffered due to the care from a medical provider, they may extend the time. The discovery rule allows the clock of the statute’s time to start the day they reasonably find the damages. In the case of minors, it begins on the day of their 18th birthday. There is also a ten-year cap requiring that the plaintiff, regardless of discovery, file the lawsuit within ten years in all medical malpractice cases.
Shared Fault
Shared fault in medical malpractice cases falls under comparative negligence. If the patient’s actions contributed to their injuries, they are eligible to collect damages. However, the court reduces the settlement by their portion of fault.
Settlement for Damages
The payment amount the court may award the plaintiff and potential recoverable damages vary significantly, depending on the specifics. The civil court considers the medical professional’s actions and the negligence leading to the damages. They also consider the severity of the patient’s injuries and how they will continue affecting them. They typically award damages within two groups.
The first category is economic damages, which include all the monetary losses patients sustained due to the healthcare services they received. Examples include medical care, ongoing treatment and services, lost salary and earning potential, medication, and transportation to medical appointments. The second is subjective and non-monetary injuries, which are called noneconomic damages. Examples include psychological harm, such as post-traumatic stress disorder, permanent disabilities, and pain and suffering.
Consult With a Heart Attack Misdiagnosis Attorney
If you or someone close suffered harm or the condition grew worse because a doctor failed to provide you with adequate care, you must hold them accountable. A claim for damages could pay for your medical expenses, ongoing treatment and services, lost pay, and pain and suffering, allowing you to focus on resting to recover from the condition.
When a heart attack is misdiagnosed, the repercussions can be extremely serious and lead to any number of health complications or even death. With this in mind, if you or a loved one has been negatively impacted it is important you hold the negligent party responsible for their actions and consult with a heart attack misdiagnosis attorney. Contact us today for a free consultation.
