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Can You File a Claim for Medical Malpractice After a Misdiagnosis?

Jan 4, 2021 | Medical Malpractice


There’s nothing more important and valuable to you than your personal health. When we’re not feeling well, we turn to medical professionals to find a diagnosis and treat the condition properly. While doctors are humans like everyone else, we do rely on these professionals to make the right decision to avoid making the complications even worse, sometimes to the point they become life-threatening.

Unfortunately, doctors do make misdiagnoses. While almost never intentional, a misdiagnosis can completely hamper or ruin an individual already struggling with another type of affliction.

A misdiagnosis is frustrating not only for the patient but also family and friends. It not only fails to address the current dilemma but can also lead to additional health complications – even wrongful death.

It is essential to speak with a medical malpractice lawyer if you suspect medical malpractice through a misdiagnosis. Our team at Stewart & Stewart wants to meet with you to help you receive justice for your wounds. We can fight for you, providing compensation for medical bills, lost time from work, and emotional damages. Contact Stewart & Stewart for a free consultation at 1-866-926-2414.

Medical Malpractice – 3 Steps to Prove Fault

Medical malpractice is when a doctor, hospital, or another type of health care professional, through a negligent act or omission, causes an injury to the patient. Medical malpractice takes on many forms with the most common being a misdiagnosis. However, medical malpractice can also get associated with the treatment or health management you received.

Victims of medical malpractice must prove the following three characteristics, under the law:

#1 Violation of Standard of Care

The law acknowledges that certain medical standards are recognized by the healthcare industry as being acceptable for health care professionals treating patients. The medical industry refers to these guidelines as the standard of care.

For this reason, patients have a right to expect that health care professionals will provide the type of care that is consistent with medical standards. If not, the health care professional acted negligently.

#2 Injury Caused by Negligence

Secondly, if a medical professional violated the standard of care, the patient needs to prove that he or she was injured because of negligence. Additionally, the patient must demonstrate that the injury would have never occurred had it not been for the negligence of the professional. In misdiagnosis cases, this is often easier to prove compared to other forms of medical malpractice.

#3 Injury Resulted in Significant Damages

Thirdly, the victim of a medical malpractice lawsuit must prove that significant damages resulted from an injury that resulted from a misdiagnosis or some other form of medical malpractice. Patients should collect all documentation related to the misdiagnosis, along with loss of income, medical bills, disability, as well as suffering and hardship related to the incident.

Fortunately, victims of medical malpractice do not need to tackle this complex type of litigation on their own. Medical malpractice lawsuits are costly and time-consuming. The courts are hesitant to take on new cases without substantial proof.

As a result, speaking with a qualified and skilled medical malpractice lawyer can get you on the road to recovery. We want to work for you while you heal from injuries associated with a misdiagnosis. Contact Stewart & Stewart today to find out how we can help!

Misdiagnoses Lead to Medical Malpractice

A misdiagnosis is one of the more common reasons why victims pursue a medical malpractice claim. Unfortunately, a misdiagnosis may result in severe health implications, more expensive medical bills, and losing a job. In some events, it leads to wrongful death.

The medical field defines a misdiagnosis as “a medical error that is preventable adverse effect of care, whether or not it is evident or harmful to the patient.” Misdiagnoses can range from treating a common injury to infections, behavior, disease, or syndrome.

In other words, a misdiagnosis of an injury or sickness means that the doctor guessed wrong or misread the test results. A misdiagnosis has serious health, financial, emotional, and mental repercussions. It may:

  • Make the medical condition worse.
  • Delay time in finding the right diagnosis, and therefore correct form of treatment.
  • Result in more harm to your body, or even wrongful death.

NOTE: The doctor doesn’t need to give you a wrong diagnosis to qualify for medical malpractice, as failing to give you any diagnosis can also qualify for a medical malpractice claim.

Serious Consequences of Medical Malpractice

A misdiagnosis is more common than you might expect as reports have found that one in 20 patients receive the wrong diagnosis. Any type of misdiagnosis violates the medical standard of care that patients expect when working with a medical professional.

However, to prove medical malpractice, you will also need to demonstrate that additional injuries were caused because of the misdiagnosis and that the misdiagnosis led to significant damages.

Medical malpractice litigation is time-consuming and complex. The courts prefer to only handle cases with legitimate claims which means that hiring an attorney is necessary if you expect to receive a favorable outcome in the courts.

Stewart & Stewart specializes in medical malpractice personal injury claims along with wrongful death lawsuits. We are available 24/7 to discuss the details of your case. Contact us at 1-866-926-2414 for a free consultation.

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