what lawyer can i use for a misdiagnosis

Full Answer

Can I sue a doctor for misdiagnosis?

You can sue for a misdiagnosis if your physician provides the wrong prognosis for your illness or injury. You may have grounds to pursue legal recourse for malpractice. But to err is human, and this applies to the field of medicine, too.

Can you sue a psychiatrist for a misdiagnosis?

Yes, you can sue when your doctor fails to promptly and accurately diagnose your medical condition. The results of misdiagnosis can be spine-chilling and upsetting; suing your doctor for misdiagnosis can help restore your life back to the position it was prior to the negligent act.

How much compensation for misdiagnosis of cancer?

There is no average cancer misdiagnosis compensation award since each medical negligence case is unique and can be complex.

Can a lawyer be sued for malpractice?

If your attorney made serious errors, you may consider suing the lawyer for malpractice. Unfortunately, it is very hard to win a malpractice case. Malpractice means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances.

What can you do if you were misdiagnosed?

Following a misdiagnosis, you can return to your regular physician to discuss the additional problems. But you do not have to take this step. Alternatively, you can pursue a second opinion from another medical care provider. However, you should act as soon as you can.

Can I sue a doctor who misdiagnosed me?

Yes, you can sue when a doctor gets your illness or injury wrong. This is called "misdiagnosis" and is part of the legal field called medical malpractice. The umbrella to this legal area is personal injury law. Personal injury cases are civil cases, not criminal cases.

How do you prove misdiagnosis?

A patient trying to prove misdiagnosis must show that a doctor in the same or similar specialty would not have misdiagnosed the illness or injury. The plaintiff will have to show that the doctor did not include the correct diagnosis on the list and that a competent doctor would have included it.

What happens when a doctor misdiagnosis you?

A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die.

How do I get a malpractice attorney to take my case?

6 Steps To Hire A Medical Malpractice AttorneyCheck the statute of limitations.Initiate your medical malpractice claim.Find a qualified medical malpractice attorney.Determine how much the attorney will charge.Prepare questions for the consultation, and get answers.More items...•

Is a wrong diagnosis always negligence?

Jaipur: Holding that a case of the wrong diagnosis cannot be equated to medical negligence, The Supreme Court has recently upheld the decision of National Consumer Disputes Redressal Commission (NCDRC) for quashing the State commission's decision of holding a doctor and hospital guilty for alleged medical negligence.

Can a doctor change a diagnosis?

It is possible they have used the wrong ICD-10 code. Your healthcare provider may be able to change the diagnosis code to one that gives you the coverage you need. If ICD-10 coding is not the reason for the billing issue, you may need to make an appeal with your insurance company.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

Can doctors lie about test results?

A doctor's lie is different than a typical lie. A lie is an intentionally false statement, but it can differ from patient to patient. Any lie that causes harm to the patient, masks the doctor's mistakes, covers up medical errors, or disguises fraud, however, is illegal.

Can you sue for malpractice?

The severity of the injury or damage will determine how long to sue for medical negligence or medical malpractice. Normally, you have up to three years to bring a lawsuit or sue a medical doctor or other healthcare professionals for negligence.

How do you sue a doctor?

In order to take legal action against a medical doctor for malpractice, you cannot just simply file a lawsuit with the court. Rather, you must first send a notice to the doctor, indicating to him or her that you are planning to file a lawsuit for medical malpractice.

How do I sue a hospital?

How To Sue A Hospital For Malpractice?Step 1- Speak to a Malpractice Lawyer: Medical malpractice cases are complex to handle on your own. ... Step 2- Prove That A hospital or its medical doctor was actually negligent in your case.Step 3- Get hold of your Medical records.Step 4- Outline your injuries or damages.More items...•

What is medical malpractice?

A medical malpractice case requires evidence of harm. The failure to diagnose a condition that is untreatable is a medical error that did not injure the patient. In other cases, the patient seeks care from other doctors that diagnose the condition and provides the necessary treatment in time to prevent any provable harm. A medical malpractice case for failing to timely diagnose a medical condition requires a legal and medical analysis.

What is medical misdiagnosis?

A medical misdiagnosis lawyer investigates what went wrong. Emergency room doctors, family doctors and specialists see patients with new symptoms and concerns. In cases where symptoms are consistent with potentially deadly conditions or conditions that require urgent treatment an incorrect diagnosis may have irreparable consequences. If a doctor fails to diagnose a serious medical condition and you suffered an injury that could have been prevented by a timely diagnosis you may have a medical misdiagnosis malpractice claim.

What is Patterson Law?

Patterson Law takes pride with every client that recovers. Recovery is more than the settlements and verdicts obtained for our clients. Each and every one of these clients had been shepherded through a process where powerful insurance companies fought to defeat or minimize their claims. Each result represents a client’s dignity being affirmed.

How is an injury claim valued?

An injury claim is valued based on a stack of medical records, photographs and various documents. A lawyer that is there from the beginning can improve the chances that the records accurately reflect your damages.

What is lost wages?

Lost wages, for the time you missed from work during your treatment and recovery that you would not have missed, had you been properly diagnosed. Lost earning capacity, if the delayed diagnosis results in a disability that prevents you from returning to your old job or disables you from any kind of employment.

What happens if you have a medical condition that is misdiagnosed?

If you have had a medical condition misdiagnosed or subject to a delayed diagnosis, you may be entitled to seek compensation for the injuries and damages that result from the delay in your diagnosis and treatment , including:

What is a misdiagnosis in medical terms?

Ultimately, a misdiagnosis or delayed diagnosis is caused by a physician missing the signs, symptoms, or other evidence that should lead them to the correct diagnosis in a differential diagnosis.

What is the most common misdiagnosis?

Cerebral palsy. Complications of pregnancy. Arguably, the condition most commonly misdiagnosed or subject to a delayed diagnosis is cancer.

What are the most common misdiagnosed medical conditions?

Some of the most commonly misdiagnosed medical conditions and illnesses include: Infarctions, including stroke and heart attack, which are commonly misdiagnosed as heartburn, ear infections, or migraines, leading to the delay in the administration of life-saving clot-busting drugs. Pulmonary embolism. Cancer. Pneumonia.

What is the process of taking a misdiagnosis case to trial?

A misdiagnosis or delayed diagnosis case can often be a factually and legally complex process.

Can a diagnostic error be false positive?

A diagnostic error can result in a false-positive, which can result in patients being misdiagnosed and undergoing unnecessary treatments, or in a false-negative or an equivocal result, which can delay a patient’s diagnosis and treatment.

What is a misdiagnosis of a stroke?

stroke (may be dismissed as migraine or other comparatively minor issue, especially in younger patients) Typically a misdiagnosis case involves either a delayed diagnosis or mismanagement of diagnostic testing. Misdiagnosis may also involve: failure to screen for a particular medical condition.

What happens if a doctor fails to diagnose a medical condition?

If a doctor fails to make an accurate and timely diagnosis of a harmful medical condition, a patient might be able to pursue a legal remedy by filing a medical malpractice lawsuit. But it's important to keep in mind that mistakes and bad outcomes don't always mean medical negligence has occurred, at least not in the eyes of the law.

How long does a patient have to file a medical malpractice lawsuit?

For example, in California, a patient has three years to file a medical malpractice lawsuit after the harm occurs, or one year after the harm is discovered, or should have been discovered (whichever comes first). Learn more about the statute of limitations for medical malpractice lawsuits.

Can a hospital be sued for misdiagnosis?

The hospital or health care facility where the doctor practices usually cannot be sued for harm caused by misdiagnosis. That's because most doctors are independent contractors, not employees of the hospital, so the facility can't be held legally responsible for the doctor's negligence.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Can bronchitis be misdiagnosed?

asthma (often misdiagnosed as recurring bronchitis) cancer (misdiagnosis can lead to painful, debilitating and unnecessary treatment like chemotherapy and radiation) heart attack (can be mistaken for indigestion, panic attack, or other issue) lymph node inflammation ( can be mistaken for appendicitis)

Can a misdiagnosis be a malpractice?

It's not enough to show that the doctor failed to make the right diagnosis. A medical malpractice case will only be successful if it's shown that the misdiagnosis resulted in harm to the patient. Misdiagnosis or delayed diagnosis may cause harm to the patient in a variety of ways, including:

How Often Does Healthcare Misdiagnosis Happen?

The first thing you’ll doubtless want to know is how often misdiagnosis occurs. Unfortunately, it happens far too often. Healthcare Misdiagnosis occurs from 80,000 to 160,000 times yearly.

What Can The Patient Do?

As a patient, it’s easy to feel bad for that doctor who made the mistake, assuming they didn’t mean to do it. Still, you can’t very well let them off the hook for it. Regardless of what’s happening in their life, they have a serious responsibility to give you the best care possible.

Misdiagnosis Consequences

When you are trying to figure out “what do I do if I am misdiagnosed with an illness,” you may need to evaluate your right to file a legal claim. Misdiagnosis can have far reaching consequences for a person's health.

Can You Prevent Misdiagnosis?

All too often, misdiagnosis happens and it could have been prevented. Physicians must do their due diligence to approach each case with the same standard of care as another professional. There are some steps that patients can take to decrease their chances of being misdiagnosed, including getting a second opinion.

How Do I Know if I Have a Legal Case?

Misdiagnosis and delayed diagnosis can cost you valuable treatment time and can also lead to medical bills for treatments you didn't need. Far too many medical malpractice lawsuits are associated with delayed diagnosis or misdiagnosis.

How Can I Prove Medical Malpractice?

Diagnostic errors are not the only reason why a doctor could be held responsible under the law. Patients have to prove three different elements to show that a medical malpractice lawsuit is warranted.

What You Can Expect After You File a Suit

Unfortunately, you are dealing with many different consequences as a result of being misdiagnosed or undiagnosed, and to make matters worse, you can expect that the medical department of the hospital at fault will respond swiftly and strongly once you allege a misdiagnosis.