Is a misdiagnosis considered medical malpractice?
Yes, misdiagnosis falls under the umbrella of medical malpractice. For this reason, you can sue a medical provider or facility if you or your loved one got injured due to a misdiagnosis. It is also important to note that misdiagnosis occurs in different ways. While this term refers to providing an incorrect diagnosis of an illness or medical problem, not providing any diagnosis at all can also count as misdiagnosis.
At Morgan and Morgan, our attorneys can help you hold a medical provider or facility responsible for medical malpractice. To do this, we will need to review your case and establish whether you have a valid claim. If you or your loved one has been injured due to misdiagnosis, fill out our free case evaluation form.
What Are the Legal Grounds for Filing a Medical Misdiagnosis Case?
Each misdiagnosis case is different. That said, here are different reasons to file such a claim:
You may have a valid misdiagnosis case if the medical provider’s failure to diagnose makes your condition even worse. For example, suppose you had a brain tumor that the medical practitioner failed to diagnose. If the tumor grows into something more serious and life-threatening, you may have a valid misdiagnosis against the medical provider or facility.
You can also file a misdiagnosis case if your doctor’s conduct delayed your treatment. For instance, assuming you had extreme stomach pain and your doctor prescribed painkillers, which you took. If they later discover that the pain derived from something more serious, this could be a case of misdiagnosis.
Lastly, you may have a valid claim if the healthcare provider’s misdiagnosis results in more harm to you or the death of your loved one.
How Can I Prove Misdiagnosis?
A misdiagnosis claim must meet four important elements to be successful.
The first element is the existence of a doctor-patient relationship. In other words, it means that that medical provider owed you a duty of care based on your relationship with them.
Secondly, you must prove that the doctor was negligent in providing treatment. Earlier, we mentioned that you might have a valid misdiagnosis case if your doctor’s failure to identify the actual problem worsened your condition. However, for this to work, you must also demonstrate that they failed to diagnose the condition due to negligence and that any other doctor with similar qualifications working in a similar field would have acted differently.
Thirdly, you must also prove the connection between your injuries and the doctor’s failure to diagnose. In other words, you must demonstrate that you got injured because of the healthcare provider’s negligence.
Lastly, you must also prove that you suffered actual damages due to the failure to diagnose. These damages could include but are not limited to medical expenses, pain and suffering, loss of enjoyment of life, and others.
Do I Need an Attorney to Prove Misdiagnosis?
You do not necessarily need an attorney to prove misdiagnosis, but having an attorney increases your chances of winning your claim or lawsuit. This is because medical malpractice cases are among the most complicated in the personal injury field.
At Morgan and Morgan, our medical malpractice attorneys can help evaluate your case (for free) to determine whether it is valid. Remember, when it comes to filing medical lawsuits or claims, your case might not even make it past the first phase if you do not follow the required procedures. This is done to protect medical practitioners from baseless lawsuits.
What Are Some Examples of Diagnostic Mistakes Healthcare Providers Can Make?
Medical professionals can make different diagnosis mistakes, including but not limited to:
Misdiagnosis: This occurs when your doctor informs you that you have a particular medical condition, and it turns out that their assessment is incorrect.
Delayed diagnosis: This occurs when the healthcare provider identifies the problem but fails to react promptly, causing you more harm.
Missed diagnosis: This is when a healthcare provider fails to detect a medical condition you may be suffering from and instead informs you that you are healthy.
How Do I Proceed With a Misdiagnosis Lawsuit?
Each misdiagnosis case is different. For this reason, you first need to contact Morgan and Morgan for a free, no-obligation case evaluation. Our legal representatives will review your case to determine whether you have a valid misdiagnosis claim. If your case is valid, we will walk you through the steps to follow to ensure that you or your loved one receives the compensation you need and deserve.
When Should I Consult an Attorney?
It is always advisable to contact a medical malpractice attorney as soon as possible for various reasons. Firstly, medical malpractice cases are time-sensitive. The more you take to file a claim or lawsuit, the more difficult it is to win. In addition, the longer you take to contact an attorney, the more difficult it is to obtain evidence to support the case.
What Damages Can I Recover From a Misdiagnosis Case?
If your case is valid, a competent medical malpractice attorney from Morgan and Morgan might help you recover compensatory and punitive damages.
Compensatory damages may include economic and non-economic damages. Further, economic damages include financial damages, such as medical expenses, cost of medical equipment, lost wages, loss of earning potential, medical transportation costs, etc. On the other hand, non-economic damages include pain and suffering, mental anguish, loss of enjoyment of life, etc.
Lastly, the court might award you punitive damages to punish the defendant for their negligence.
Morgan and Morgan Medical Malpractice Attorneys Can Fight for You
If you or your loved one has been injured due to misdiagnosis, we might be able to help fight you. In the unfortunate event that you lost your beloved, we might be able to file a wrongful death lawsuit. The possibilities are endless; fill out our free case evaluation form to get started.