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When we consult with a medical expert, we expect them to properly diagnose the conditions we suffer from, to prescribe the correct medications, and to perform medical treatments with responsibility and skill to assist in our health and well-being. However, there are doctors and medical staff whose negligence, carelessness, or incompetence often leads to serious forms of medical malpractice including misdiagnosis or failure to diagnose.
What is a misdiagnosis?
Misdiagnosis occurs when a doctor or a health care expert fails to diagnose an ailment correctly or at all. In many cases, misdiagnosis of a condition can be devastating for victims and their families. In a large-scale review of autopsy reports, researchers discovered misdiagnosis or failure to diagnose resulted in 30 to 40 percent of deaths in the cases studied. When the proper diagnosis is not made, then the correct treatments cannot begin, therefore endangering the life of a patient.
Common errors that lead to a misdiagnosis:
Common misdiagnosis cases:
The failure to diagnose is one of the most common cases of misdiagnosis and occurs most frequently in conditions such as:
Cancer is one of the most frequently reported diseases to go undetected by doctors. Often, it is not the fault of the health care provider, but instead the insurance company for refusing coverage for necessary screening and follow up treatment. There has been an influx in claims against insurance companies for people suffering from irreversible cancers due to the company’s failure to afford the necessary coverage.
Misdiagnosis and the law
The law protects victims of misdiagnosis and holds medical experts liable for their negligence or wrongdoing. Under a medical malpractice claim, a misdiagnosis victim may be eligible to receive compensation for their losses, which can include pain and suffering, serious injury, death, loss of income capacity, medical bills, and more.
Standards for a medical malpractice claim
If you are filing a misdiagnosis lawsuit under a medical malpractice claim, it is important to know that you must be able to prove the following criteria:
These are all things that your medical malpractice attorney will discuss with you while investigating your claim and preparing your case.
Statute of Limitations
It is important to know that misdiagnosis cases filed under a medical malpractice suit are subject to a statute of limitations. This limits the time a person has to file a medical malpractice claim and may vary from state to state. Please contact the qualified medical malpractice attorneys at Eisenberg, Rothweiler, et al to ensure your right to pursue a claim is protected.
Have you suffered from a misdiagnosis?
If you or a loved one has been injured because a medical expert has failed to give you a correct and timely diagnosis of your illness or injury, contact us to speak with an experienced attorney who will evaluate your case free of charge to determine the best way to protect your legal rights.
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