Can you sue a doctor for misdiagnosis? Well, let’s just give you a simple answer.
Yes, you can! But you need to know more because if you’re going to do this, the more you know the better.
In this article, we will cover what misdiagnosis is, how it is determined, compensation, and time limits.
So if that sounds interesting, keep reading to find out more.
What’s Medical Misdiagnosis?
Medical misdiagnosis is a phrase that refers to an act, in which a specialist has diagnosed a patient incorrectly. Thus, a doctor examines a patient, diagnosed them with something that the condition is not, or makes a correction after a long-term delay.
Nobody expects to medicine to be perfect, or do they? In any case, it’s not. Medical specialists are not immune to error, and even though there are cases where medical misdiagnosis could have been completely avoided, but in some cases, it’s just an occurrence of life.
Nonetheless, misdiagnosis via negligence can be claimed as a medical negligence lawsuit.
Can You Sue A Doctor for Misdiagnosis?
In order to determine the answer to the question of “Can you sue a doctor misdiagnosis?”, you need proof that the mistake of the doctor as a result of negligence, and not a considerable error.
For you to determine this, you have to present the following:
Causation
First, you have to prove that the negligence has caused you harm. Causation is very difficult to present and requires negligence solicitors and expert witnesses to help your case.
Duty Breach
Second, you need to show that doctor has violated his duty towards your care by providing below acceptable diagnosis or treatment. Many factors play into standards of care, such as health, age, and existing conditions.
In any case, there are myriad of key points that must be covered when suing a doctor for misdiagnosis. This is particularly true because each negligence case is unique, thus one must speak with a misdiagnosis solicitor before even starting the suing process.
What Determines Misdiagnosis?
When it comes to a medical misdiagnosis, there are three primary categories, which cover the constitution of the error. However, these are just guidelines, and each case can have a misdiagnosis determination, which has been previously unheard of.
So let’s take a look at the primary three:
Wrongful Diagnosis
This type of diagnosis occurs when a doctor provides a patient with a diagnosis of a condition that they had never had and thus prescribed medication which is unnecessary to their health process.
Wrongful diagnosis can lead to many side-effects, and even long-term psychological suffering, which can prevent the regular course of life. Thus, you are entire to medical negligence compensation.
Complete Misdiagnosis
If a doctor fails to diagnose a medical condition with presence of symptoms, the complete misdiagnosis occurs. If they fail to identify cancer, internal bleeding, broken bones, infections, so on and so forth – your life is at stake, and this type of misdiagnosis also constitutes your deserving of settlement.
Delayed Diagnosis
A delayed diagnosis occurs when the symptoms have been diagnosed correctly but after a delay. And prolonging the harmful effects of a condition is just as bad as a complete misdiagnosis.
Often, a patient comes to a doctor and complains about symptoms, which a doctor completely neglects. By the time they have been diagnosed correctly, other complications might arise. If you are a victim of delayed diagnosis, you need the help of an attorney.
How Much Compensation Can One Claim?
If you or someone you know has become a victim of misdiagnosis, you would like to know how much you can be compensated with.
However, there is one thing to consider above all, and that’s the fact that no case is like another. Different patients, different misdiagnosis, injury severities, circumstances, and much more – contribute to the way, in which a claim is handled and settled.
But, most negligence claims are awarded compensation, based on key factors. Such as the nature of your injury/harm caused by misdiagnosis, the suffering you have experienced/ing, the daily life impact it has had, impact on longevity, length of recovery time after misdiagnosis.
You can also claim for income loss that you weren’t able to earn as a result of the diagnosis. The amount varies, but it should cover claims that could cover a high-income salary. Also, if the misdiagnosis leads to you not working in the future, a claim for that can be made as well. Each claimant will have different securities, thus different damages paid out during settlement.
Is There A Time Limit for Claims?
All medical negligence claims have a three-year time limit for claims to happen. The limit begins from the date of the occurrence, or the date of you becoming aware of the injury.
It’s best to get in touch with medical misdiagnosis attorneys as soon as possible, because not acting on your claim until the last minute will make the lawsuit significantly harder to win.
If a child is a victim of misdiagnosis, a claim can be made on their behalf. If you cannot do that, they will have to make a claim when they turn 18. Nonetheless, the importance of claiming earlier than later cannot be stressed enough. In all cases, the settlement will be placed in trust until the child reaches 18 years of age.
Your Misdiagnosis Claim Success
Now that you know the answer to the question of “How can you sue a doctor for misdiagnosis?”, you are well on your way to claim success.
Everything that’s left is the collection of evidence, effective work with a specialist attorney, and a little bit of patience. And after that, you can achieve your well-deserved compensation for the pain caused by the negligence of a medical expert.
If you’re interested in working with me, Brian Cummings, a medical malpractice attorney, get in touch with me and I will happily accommodate your needs.
