Each year, more than 82% of people visit a doctor or health care professional in America. These professionals can provide invaluable support when you are unwell.
However, you also have to put a lot of trust in them, and each healthcare professional has a duty of care to their patients. This is a legal responsibility to protect their patients and provide a certain standard of care. So what happens if a doctor doesn’t meet this standard of care?
Well, this could result in a misdiagnosis. In fact, this happens to around 7 million patients every year in America. If you receive the wrong diagnosis, you may be left without the necessary medication or treatment, which can be very dangerous.
Fortunately, you may be able to get compensation for your misdiagnosis. Do you want to know more? Then read on to find out everything you need to know about misdiagnosis cases and when you can make a claim.
What Is Medical Misdiagnosis?
If you are unwell, healthcare professionals can provide treatment and support for your condition.
However, to do this, they have to provide an accurate diagnosis. This is usually based on the information you provide, your symptoms, and the tests they have carried out.
Misdiagnoses can occur when a doctor receives this information but fails to diagnose a condition correctly.
Types of Misdiagnosis
There are several ways that a doctor can misdiagnose a patient. This may happen if a doctor misinterprets test results or symptoms. This can result in a doctor:
- Diagnosing their patient with another condition
- Failing to diagnose additional related conditions
- Failing to recognize complications associated with the diagnosed condition
- Missing a diagnosis completely and sending a patient home
- Diagnosing their patient with a serious condition that they don’t actually have
- Prescribing unnecessary treatment or surgery for their patient
Misdiagnosis can also occur when a doctor fails to organize the proper tests. As a result, this can seriously delay you getting an accurate diagnosis.
Why is Being Misdiagnosed Dangerous?
Being misdiagnosed can be incredibly dangerous for patients. This may mean that you don’t get access to the treatment and support you need when you need it.
As a result, your condition could worsen, or you could develop serious complications.
Cancer, for example, is easier to treat when it is identified in the early stages. Because of this, delayed or inaccurate diagnoses could have a serious impact on your chance of survival.
Misdiagnosed infections can also develop quickly without proper medication.
If your condition does progress,s then this inevitably means that you will take longer to recover. This may mean that your overall treatment is more expensive. You may also have to take time off work, affecting your financial stability.
Even if your misdiagnosis isn’t life-threatening, it can still be traumatic. Inevitably you will have to live with your symptoms for longer than necessary. Or if you’ve been misdiagnosed with another condition,n you may take medication unnecessarily.
This can have a considerable impact on your well-being and mental health. Many people who have been misdiagnosed develop anxiety, especially when it comes to seeing healthcare professionals. So this could affect your future health as well.
Being diagnosed with a serious condition you won’t have can also cause psychological harm. Because of this, you may be entitled to compensation if this has happened to you, even if you are perfectly healthy.
I Was Misdiagnosed: What Are My Legal Options?
Fortunately, help is at hand if you have been misdiagnosed by a healthcare professional. You could get compensation for your misdiagnosis with the help of an experienced lawyer.
This is because many misdiagnoses occur when a doctor fails to meet their duty of care. When this happens, you could have a medical malpractice case.
You can bring a lawsuit against an individual or a healthcare practice, such as a hospital. This depends significantly on where your misdiagnosis occurred and who was responsible for your treatment.
Let’s take a closer look at the different claims you can make for medical misdiagnosis.
Medical Malpractice Lawsuits
Medical malpractice lawsuits for misdiagnosis help you recover damages caused by your misdiagnosis. To do this, you will need to gather evidence about:
- Your initial consultation
- The tests your doctor ran
- Their initial diagnosis and treatment plan
- When you received an accurate diagnosis of your condition
- Your new treatment plan based on this
- The impact that your misdiagnosis has had on your health, finances, and emotional well-being
A lot of this information will be available on your medical record. It also helps to keep a record of any appointments and correspondence you have had with a hospital or surgery during your treatment.
A medical malpractice lawyer can help you gather evidence to support your claim. This will also help you calculate how much you should seek in damages due to your misdiagnosis.
Once you have collected evidence for your case, you must file a complaint with the Medical Inquiry and Conciliation Panel (MICP) in Hawaii. This panel will access your case and can help you reach a settlement claim quickly.
If you and the defendant cannot agree on your settlement,n you can take your case to court.
Wrongful Death Lawsuits
As we have already mentioned, misdiagnosis can be fatal in some cases. If misdiagnosis contributed to the death of a loved one, then you can also seek compensation.
In this case, your lawyer may recommend filing a wrongful death lawsuit. In that case, you will still need to collect similar evidence for a medical malpractice case.
You will also need to prove that your loved one wouldn’t have died if they’d received an accurate diagnosis. You will need an opinion from a medical professional for this. An experienced wrongful death lawyer can help you find someone you can speak to about this.
Damages That You Can Claim For in a Misdiagnosis Case
Your settlement for a misdiagnosis claim should reflect its impact on your life. Because of this, your claim will include the damages you are seeking compensation for.
These can include:
- Compensation for pain and suffering caused by your misdiagnosis
- Loss of income or employment opportunities
- The cost of your medical bills, especially if you required extensive treatment
- The cost of hiring support staff or help at home
- Loss of enjoyment of life
- The cost of future medical expenses related to your condition
You can also claim damages if someone you love has died due to misdiagnosis. Among other things, these can include emotional anguish, loss of financial support, medical bills, and funeral costs.
When you file your case, you must outline the damages you are claiming. You’ll need to provide evidence to prove that you suffered these damages. You’ll also need to provide justification for the settlement that you are seeking.
Some damages, especially financial ones, are easier to prove and quantify. However, you can use testimony from witnesses and therapists to show the emotional impact your misdiagnosis has had on your life.
Deadlines For Making a Claim
As you can see, a successful misdiagnosis claim could provide valuable compensation for your suffering. However, it is vital to act quickly if you want to make a claim.
The Statute of Limitations for filing medical malpractice claims in Hawaii is two years.
Of course, you cannot file a claim if you aren’t aware of the misdiagnosis. Because of this, the two-year clock starts from the date that you become aware of the misdiagnosis.
This could technically come years after your initial misdiagnosis. For example, you may be contacted by the hospital or seek a second opinion and receive an accurate diagnosis. Or your condition and symptoms may develop, resulting in an accurate diagnosis.
Once this happens, you have two years to gather evidence, file an injury with the MICP, and prepare for court. Your case itself may continue outside the two-year window. However, you must file your claim within the window itself.
Get Help With Your Medical Misdiagnosis Claim Today
Misdiagnosis can devastate your life, even if you eventually recover from your illness or injuries.
Because of this, you may be entitled to compensation for your misdiagnosis if your doctor failed to meet their duty of care. This won’t undo all of the damage caused by your misdiagnosis. However, it can provide valuable financial support and a sense of justice while recovering.
So what are you waiting for? If you have suffered due to medical misdiagnosis, get in touch with Cummings Law today. We’re happy to help.
