I Faced A Medical Misdiagnosis. Can I Sue?



Cases of a medical misdiagnosis can be complex and intimidating to take on. Sometimes a misdiagnosis is simply an accident or an error in judgment, and it’s confusing to know whether you should file a claim or not. In other cases, a misdiagnosis could indicate severe doctor negligence or a failure to provide adequate care for your medical condition. In these circumstances, you could be eligible for compensation and benefit from speaking to a medical malpractice attorney. 

Below, we’ll discuss the details of medical misdiagnosis and how it is a cause of severe illness and even death. We’ll also look at how a medical misdiagnosis lawyer can help you understand your case and what you need to know before filing a compensation claim.

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What Is Medical Misdiagnosis?

Medical misdiagnosis is when a doctor gives you the wrong diagnosis for your issue. It also includes a delayed diagnosis, failure to diagnose, or results in the wrong treatment for your condition. It can be a human mistake, such as misreading the test results (called a diagnostic error), or a case of carelessness or neglect. 

Misdiagnosis is a type of medical malpractice and can be due to a doctor’s negligence if, for instance, they fail to examine you or listen to your symptoms. It could also be a failure to order adequate follow-up tests to procedures to verify an illness or condition. 

Medical misdiagnosis is a serious failure and can lead to increased complications with your health condition, delay of essential treatment, or even death. It may also result in longer treatment times, increased insurance payments, and worker’s compensation claims. 

Misdiagnosis due to negligence goes against the duty of care that a doctor has towards their patients. To legally claim medical misdiagnosis, the misdiagnosis must result in an injury or death. A medical misdiagnosis lawyer can review your circumstances to see if you have a legal case.

Common Misdiagnosis Issues

Medical misdiagnosis is very common, affecting over 12 million Americans each year. There are also approximately 40,000 to 80,000 deaths each year in U.S. hospitals due to misdiagnosis. Women and minorities are 20 to 30% more likely to be misdiagnosed. 

Some of the most common medical misdiagnoses are:

  • Asthma – misdiagnosed as bronchitis
  • Heart attacks – misdiagnosed as panic attacks or stomach upset
  • Lyme disease – misdiagnosed as depression or the flu
  • Parkinson’s – misdiagnosed as a stroke, stress, or Alzheimer’s

How Do I Start A Medical Malpractice Lawsuit? 

If you suspect your medical condition is due to a doctor’s negligence or misdiagnosis, the first step should be to contact a medical misdiagnosis lawyer. They can look at your case and let you know if you have a good chance of success and if you should proceed. 

It is also essential to understand the time you have to file a claim. The statute of limitations varies from state to state, but you generally have two to five years to file your claim. 

To legally get compensation for medical malpractice, you need to prove these four things to the court:

  1. That you were under a doctor’s care.
  2. There was a breach of duty of care.
  3. The breach caused harm.
  4. The misdiagnosis was the cause of the harm. 

If you had treatment in a hospital, there are records showing the name of your doctor and what tests or procedures they ordered. This is health record.

Once you’ve decided to seek damages, you’ll need to gather documentation and information on your case, including medical records and second opinions from other doctors. These can show that your doctor was negligent in their care and that you had a doctor-patient relationship. A medical malpractice attorney can help you get the documents you need if you have any difficulty. 

If you need to speak with a medical misdiagnosis lawyer, contact LegalASAP today. We have a network of trustworthy, experienced lawyers who can talk to you about your case. Take our free evaluation to find a lawyer today.