Medical misdiagnosis occurs when a physician either misses an existing condition or diagnoses the patient with the wrong illness. This type of medical error can result in delayed, improper or nonexistent treatment for the patient. Depending on the circumstances and the severity of the patient’s actual condition, a lack of care or an erroneous treatment plan can cause additional complications, more serious consequences of an illness or even death.
In some cases, medical misdiagnosis can be attributed to a physician’s negligence or incompetence, resulting in a medical malpractice lawsuit. However, not all misdiagnoses are medical malpractice.
If you’ve been misdiagnosed and have suffered harm due to the diagnosis error, you may be entitled to compensation so set up your consultation with our misdiagnosis lawyers.
Misdiagnosis May Be Medical Malpractice
Proving medical malpractice can be complicated, and it’s important to understand the laws affecting malpractice claims. Due to the complex nature of the medical field, it is possible for even the most competent and attentive doctor to misdiagnose a patient. There are some key factors that must be present in order for a malpractice case to stand up in court. Consider the following requirements if you are contemplating a medical malpractice case.
1. There must be a doctor-patient relationship. This means the doctor was responsible for providing the patient with care, which included diagnosing the patient’s condition.
2. The doctor was negligent in diagnosing the patient. If your doctor followed a reasonable method of diagnosis, identified and reviewed all possible diagnoses in a logical manner, referred you for testing and/or the opinions of specialists, and took any and all other actions to diagnose your condition accurately, you may not be able to pursue a medical malpractice suit.
Individual factors differ from patient to patient, and an accurate diagnosis can sometimes be difficult to reach right away, even with the most thorough examination and follow-up. Proving negligence may require testimony from a medical expert.
3. You suffered harm due to the misdiagnosis. Medical malpractice suits must demonstrate how the patient was harmed as a result of an incorrect or delayed diagnosis. You will need to be prepared to provide proof and documentation of any harm that occurred due to the doctor’s misdiagnosis.
In some cases, your misdiagnosis could be linked to laboratory or testing errors, in which case the doctor may not be liable but another party might be. It’s important that you explore all possible causes for your delayed or inaccurate diagnosis with misdiagnosis lawyers when considering a medical malpractice suit.
Misdiagnosis in the Emergency Room
If your diagnosis error occurred during a visit to the emergency room, you may have more difficulty holding a doctor liable for a misdiagnosis. Time constraints, ongoing pressures and limited familiarity with the patient can result in quick decisions regarding diagnosis and treatment. Thus, emergency room doctors may get more leeway regarding the standard of care expected of them. Still, in some cases, a doctor might be negligent in providing substandard diagnosis, even in the fast-paced environment of the emergency department.
If you were affected by a misdiagnosis received in the emergency room, be sure to alert misdiagnosis attorneys to this detail of your case.
Call Cordisco & Saile LLC’s Misdiagnosis Lawyers
If you need legal representation for a misdiagnosis medical malpractice case, Cordisco & Saile LLC can help. Our misdiagnosis lawyers help patients affected by medical negligence hold doctors liable for their injuries and resultant damages. We advocate for you throughout the legal process and will help work toward a positive outcome for you and your family.