Doctors take an oath that binds them to the promise that they will not cause harm to their patients at the very beginning of their careers. In the event that that trust between a patient and their doctor is broken, medical negligence is likely to have occurred. This is known as medical malpractice in law.
There are many types of medical malpractice from medical facility dangers, hospital infections, birth injuries, and even medical misdiagnosis. Medical misdiagnosis is the more common type of medical malpractice. Can you sue for misdiagnosis? Continue reading for everything you need to know about filing medical misdiagnosis lawsuits.
What Is Misdiagnosis?
Medical malpractice is the leading cause of death in the United States. A medical misdiagnosis is a form of malpractice. It is what happens when your doctor wrongfully diagnoses an injury or illness. The wrong diagnosis can cause your illness or injury to get worse, it can delay treatment for the actual diagnosis, or it can cause death (these cases are considered under wrongful death).
What Health Problems Tend to Be Misdiagnosed?
Up to 10% of unfavorable outcomes in the medical setting is due to diagnostic errors. Health conditions like asthma, cancer, endometriosis, heart attacks, and strokes are all commonly misdiagnosed as other conditions. When these conditions are not correctly diagnosed, it can cause the condition to get worse or can even result in death.
Can You Sue for Misdiagnosis?
You can sue a medical provider for a medical misdiagnosis! If you or a loved one is seeking compensation for damages caused by medical neglect or malpractice, make sure you find legal representation that can help you hold the medical providers responsible for their careless actions.
You need to gather your medical records relating to the misdiagnosis as evidence for your case. Once you have this evidence, you will be prepared to file your lawsuit. This proof will allow you to create a solid case in your favor.
How Do You Prove Medical Malpractice By Misdiagnosis?
Proving a medical malpractice act by misdiagnosis or delayed diagnosis is pretty straightforward. There are four factors that need to have happened, including duty, breach, causation, and damages.
First, there has to be a doctor-patient relationship and the doctor must be able to act as a competent doctor. Then, the doctor must have breached their duty to act as a medical professional. Next, the doctor’s negligence must have caused harm to the patient. Finally, the harm from the misdiagnosis must have caused damage to the individual.
You’re Not Alone
If you or a loved one has been the victim of negligence by way of medical misdiagnosis, you need to take a stand to hold the medical provider accountable for their actions. You don’t need to face it alone. Hiring a lawyer that specializes in medical malpractice increases your chances of winning your case.
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