Further, you do not have to simply accept that an error occurred without asking questions or learning more about protecting yourself. If you are concerned about misdiagnosis or medical malpractice laws, your best option is to spend some time learning more about medical malpractice laws in your state, and then contact an attorney. We can help you sort through your concerns and determine if you have a medical malpractice case.
To learn more, schedule your free consultation with one of our skilled medical malpractice attorneys. Fill out our online form to get started. Meagan Cline is a professional legal researcher and writer.
She works alongside the team at MedMalFirm. Common Conditions that are Misdiagnosed There are as many possible scenarios for misdiagnosis as there are combinations of health and injury or illness. These conditions include: Asthma — Often misdiagnosed as recurring bronchitis. Heart Attack — Often misdiagnosed as a panic attack, indigestion, or esophageal conditions.
Staph Infection — Often misdiagnosed as the flu. Stroke — Commonly dismissed as being a migraine, especially in young patients. According to CBS, there are around 12 million adults who have been the victim of misdiagnosis. Out of every 20 health-related cases, 1 case is misdiagnosed… some with fatal consequences. The number of misdiagnosis cases continues an alarming rise, Americans should be aware of their legal rights, know when to take action and how.
However, bear in mind that there is a fine line between failing to maintain an effective standard of care and failing to accurately diagnose an illness. However, if your medical practitioner fails to diagnose your illness due to inexperience or carelessness, you can file a claim. Common mistakes that usually lead to a missed diagnosis or misdiagnosis include the following:. If you or a loved one have been injured or are experiencing pain and suffering as a result of a misdiagnosis, you may have a case.
Ultimately, you will not be able to file a malpractice claim unless you can prove that the misdiagnosis has caused you pain and damages. Even if you can prove that your doctor did not diagnose your illness correctly, you will not be able to seek damages unless you prove that the misdiagnosis had adverse effects. That being said, many patients want to know how to sue a doctor for pain and suffering.
A misdiagnosis does not form the basis of a malpractice lawsuit on its own; the person filing the claim needs to prove certain facts and assumptions. To hold the medical professional or doctor accountable, you need to fulfill the following requirements:.
Medical Malpractice is a situation in which a doctor or health care professional breaches the standard of care in their field. Typically, the doctor cannot provide the required level of care to the patient, leading to problems such as misdiagnosis or delayed diagnosis. This negligence by doctors is sometimes due to ignorance and failure to take necessary steps for the treatment.
The below list highlights few common types of errors committed by doctors during treatment:. Misdiagnosis is a type of medical malpractice that refers to both diagnostic error and mistreatment. Diagnostic errors are misdiagnosis or delayed diagnosis, failure to diagnose, wrong or inappropriate treatment given for a particular condition. If a doctor failed to diagnose you correctly, that mistake could lead to a severe personal injury, including:.
Misdiagnosis may lead to worse health problems requiring more treatment, costing more money, and extending the time frame for getting treatments done. If a doctor gives you a wrong diagnosis, you can file a lawsuit against them under medical malpractice civil tort law. A doctor failing to diagnose a patient suffering from a particular disease could result in delayed or wrong treatment, leading to severe complications or death.
Were you or your family member harmed because of a late diagnosis? If so, you can file a lawsuit against the responsible physician and demand compensation for damages such as pain, suffering, hospitalization charges, etc.
Suppose you go to an emergency room complaining of abdominal pains, and the doctor diagnoses you with appendicitis after doing tests like ultrasound examination and CT scan. Call for a free no obligation chat with our specialist malpractice lawyers. NAME required. EMAIL required. PHONE required. Your Message.
Call us today for free impartial advice from one of our specialist solicitors on If you feel you or anyone you know has been medically misdiagnosed or has suffered from clinical negligence call today and get expert and accurate claim advice. We are always happy to answer any questions you may have and talk you through the claims process.
Check that your medical issues are grounds for negligence, and not a simple complaint procedure. Injury, continuous pain or loss due to the act of a practitioner or general lack of care at the NHS is an entirely different matter.
You might very well have a claim. If you believe you deserve compensation you may have a medical negligence claim.
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