What do I do if I’m misdiagnosed?
Patients can trust their doctors to correctly diagnose injuries and other conditions. There should be no concern that their doctor may have given incorrect or harmful advice.
Misdiagnoses are unfortunately not as common as we would like. According to some estimates, almost 12 million Americans are misdiagnosed every year.
Nearly half of these cases result in severe injury. You may be eligible to seek financial compensation for any suffering or harm you have suffered.
Do not delay if you or someone you care about has suffered damage from a misdiagnosis. To explore your options, contact a trusted misdiagnosis lawyer. Medical malpractice should not be a burden on you.
Vaval Law’s compassionate attorneys are aware of the potential harm medical negligence can cause. We offer a free case evaluation to all new clients. Don’t hesitate. Complete the contact form to arrange a consultation with a Vaval Law lawyer for misdiagnosis.
What is Misdiagnosis?
Many patients are misdiagnosed. Despite the best efforts of doctors to give accurate information, errors can still happen.
Misdiagnosis can occur when a doctor misinterprets or guesses an injury or illness. They can make you feel worse if they incorrectly inform you that you have a condition.
- A wrong diagnosis could lead to:
- Untreated severe conditions can lead to irreversible damage.
- Inappropriate treatments can result
- Do not delay a diagnosis
- Lack of treatment can lead to worsening health outcomes
- Cause death or physical injury
A misdiagnosis can cause a patient to die. The family may file a “wrongful death” claim. For a doctor to misdiagnose you, they don’t have to assess your situation. Failure to diagnose can be considered malpractice.
Let’s say you have pain due to kidney stones. It could be misdiagnosis if the doctor fails to take your pain seriously or offers an assessment. You should consult a lawyer if you are in this situation. Not only can a physician misdiagnose patients, but so is every other medical professional. Sometimes, a hospital or pharmacy could be responsible. Patients deserve to be compensated, regardless of who was negligent.
Misdiagnosis is when a physician fails to meet the medical standard of care.
A medical negligence claim must prove that the misdiagnosis caused you to harm or caused the death of someone close to you. Talking to a qualified lawyer specializing in misdiagnosis can help you understand your legal options
Steps to take if your condition worsens after visiting a doctor
Around 5% of patients get their medical records wrongly assessed. Most patients are provided with accurate information about their physical health.
If your illness or condition worsens after you have been diagnosed, you may have been misdiagnosed. Seek emergency medical attention if your situation worsens after seeing your doctor.
Your health and well-being should always be your priority. Contact an experienced misdiagnosis lawyer after you have sought appropriate medical treatment.
Depending on your situation, an attorney can help you determine the best course of action.
You should follow these steps to file a claim for medical negligence:
- Keep to the instructions of your doctor unless you are experiencing severe complications
- If you require additional care, seek it out
- Do not allow your condition or health to get worse.
This is called “mitigating damages.” Medical negligence cases consider the doctor’s and patient’s behavior. Some patients may attempt to commit fraud by allowing the condition to get worse. You must seek medical attention immediately. You should seek immediate medical attention if you were misdiagnosed or have suffered any harm. This is crucial for your health and the strength of your claim.
You can’t avoid getting medical attention if you make your condition more serious. Any additional injuries or illnesses may result in you being held responsible. It is essential to consult a lawyer if you are misdiagnosed. A legal representative will protect your rights throughout the entire process.
What do I do if I am misdiagnosed?
Misdiagnosis and medical malpractice are much more common than they should. The same applies to a delayed diagnosis. Trust your gut instincts regarding your health. Although medical professionals have extensive training, they cannot directly feel your feelings.
Trust your instincts if your condition doesn’t improve after you have followed your doctor’s recommendations. It is important to seek additional medical advice if you feel unwell. You can go back to your doctor if you are misdiagnosed. You don’t have to do this. You can also seek a second opinion from a different medical provider. You should, however, act quickly. The statute of limitations for medical malpractice cases is usually between two and six years.
A statute of limitations is a time limit within which you can pursue a claim for medical malpractice. The state where your claim was filed will determine the time limit. A skilled attorney can help you decide if you are interested in a medical malpractice suit for the injuries caused by your misdiagnosis. Reputable lawyers will offer a free consultation to help you understand the details of your misdiagnosis.
You must show that your doctor acted negligently to have a valid claim for medical malpractice.
How do you prove medical negligence?
Medical negligence is necessary to seek financial compensation for your misdiagnosis successfully. To prove negligence by a doctor, there are four elements.
Duty of Care
You will need evidence that your doctor owed you a “duty to care.” Doctor-patient relationships are based on the assumption that the physician will provide reasonable medical care.
Medical negligence can occur when a doctor fails to act in a reasonably competent way.
Breach of duty
You must show that the doctor failed to perform their duty of care to prove medical negligence. Not every misdiagnosis is medical negligence.
Doctors make mistakes, but they are human. Medical professionals shouldn’t have to worry about frivolous lawsuits whenever they make good faith mistakes.
You must prove that a reasonably competent doctor in the same situation would have done something different to establish a breach of duty. Medical negligence can be claimed if another doctor could correctly diagnose you.
Causation
An incorrect diagnosis that doesn’t cause injury is not grounds to file a medical negligence claim. Negligence means that the claimant suffered some damage.
Was your care provider incorrectly diagnosing you? If so, you must prove that the incorrect diagnosis caused the harm.
Take the following example. Imagine that your loved one was diagnosed by a general physician with a rare illness of the respiratory system, but they had the flu. Your loved one may have died the next day in an unrelated car accident.
Misdiagnosis cases must show that the doctor’s negligence caused the patient’s injury or harm.
Damages
You must also prove that you suffered actual injuries due to the misdiagnosis. Imagine that you were incorrectly diagnosed with the flu by your doctor and had a migraine.
You would not be hurt if she prescribed Tylenol after your flu symptoms had improved. In this situation, you would not be entitled to damages.
In a case of misdiagnosis, it can be difficult for medical negligence to be proven. Contact a trusted legal professional if you suspect you were misdiagnosed or suffered damages.
