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Medical Misdiagnosis: Am I Entitled to Sue My Doctor?

Nov 23, 2021

The short answer is Yes. In addition to the fact that we place our lives in the hands of healthcare experts, medical negligence can be pretty distressing. After a misdiagnosis lawsuit, no one should ponder what to do. We’re here to help, so don’t freak out. You have the right to sue a doctor if they misdiagnose your condition.

Your doctor misses a potentially life-threatening medical problem because of a lapse in diagnosis. Legal action may be possible in this situation, as you may be entitled to compensation for medical misconduct.

A medical expert can misdiagnose a patient if they fail to adequately explore or study the signs and symptoms. When a wrong diagnosis is made, it might lead to the wrong therapy or a delay in the correct treatment. Your health can suffer significantly if your doctor misdiagnoses or fails to diagnose your medical condition adequately. Wondering if you can sue for misdiagnosis. The key takeaway to remember is that the victim must show that a medical error resulted in physical harm to them.

Misdiagnosis: Broad overview

A misdiagnosis occurs when a medical expert either fails to diagnose the problem or misdiagnoses it. To justify a lawsuit, there must be medical harm that is caused by one of the following:

  1. The doctor failed to consider the actual cause of the medical ailment. For instance, if the doctor did not include the correct diagnosis in the differential diagnosis list;
  2. The doctor delayed or improperly dealt with the treatment for the cause of the medical situation;
  3. There were errors in the diagnosis test, which involved human error.

These all go against the “standard of medical care” that you should expect from a healthcare provider. The doctor’s failure to assist you may constitute misdiagnosis malpractice. An injury or death caused by the doctor s negligence is the only way to sue a physician for an incorrect diagnosis.

It is important to note that Medical malpractice misdiagnosis claims must be backed up by evidence that shows the “standard of care” was not followed in each case. A skilled misdiagnosis lawyer might indicate that an alternative medical expert witness would have acted differently in the same circumstances.

Wrong Diagnosis Resulting in Long-Term Medical Complications

During a medical misdiagnosis lawsuit, the patient must show that the incorrect diagnosis resulted in further medical harm. A  medical misdiagnosis claim can be valid when the wrongful or lack of diagnosis caused:

  • A delay in the treatment of the current medical problem. (for example, a patient’s symptoms seem like kidney stones, so they are treated for kidney stones. A few hours later, it is clear that it is appendicitis, and treatment is switched)
  • Worsen your existing medical condition 
  • Result in more harm to you or death (called “wrongful death” in legal cases and can be an additional claim along with medical malpractice)

Act Fast, Get the compensation you deserve from your doctor’s misdiagnosis.

Medical Misdiagnosis May be More Common than You Thought

A recent study reveals that “nearly half of these errors could potentially be dangerous” and “about 12 million US individuals per year” are affected. Because of this, you must know what to look for and limit the risk of misdiagnosis. Common examples of misdiagnosed illnesses include:

  • Asthma: Both asthma and bronchiectasis are so similar that they might be mistaken.
  • Heart Attack: Inflammatory bowel disease, dyspepsia, and panic attacks can be mistaken as heart attacks.
  • Lyme disease: The tick-borne illness Lyme sickness Mononucleosis might be mistaken for the flu, melancholy, or other illness.
  • Parkinson’s: Parkinson’s disease is sometimes misinterpreted as Alzheimer’s disease or a stroke because it resembles these conditions.
  • Lupus: Chronic fatigue syndrome and rheumatoid arthritis are two conditions that can be mistaken for lupus.
  • Cancer: It is possible to get a wrong diagnosis because of misread data or misdiagnosed symptoms. Misdiagnosis can lead to unneeded operations, so be careful. Delaying diagnosis may also occur, resulting in a lack of appropriate therapy; in the case of cancer, your doctor may misdiagnose your cancer, such as whether it is malignant or benign.

 If you are looking for answers to the big question, can you sue a hospital for misdiagnosis? Below, we included a comprehensive response to your question., along with discussing other aspects of these lawsuits.

Can I Sue the Hospital  For Misdiagnosis?

Under the statute of limitations, an injured party’s attorney or law firm can launch a case against an at-fault hospital. Doctors often fail to follow proper hospital protocols, misdiagnosing medical conditions. This guides you when deciding can I sue a doctor for misdiagnosis or do I have to hold the hospital liable for the medical malpractice. 

Practically, in most cases, only the primary health provider (your doctor) can be sued for misdiagnosis. The health establishment where the doctor practices cannot be held liable for damages resulting from the misdiagnosis of their doctor. 5-6% of American doctors work as independent contractors, not employees. ( This is mainly because most doctors work as independent contractors, not employees.

Can I Get a Compensation for Misdiagnosis 

It’s possible to get compensation for a misdiagnosis if it has resulted in physical or emotional injury. Hiring an attorney with a strong history of success in misdiagnosis lawsuits is the best method to maximize compensation. Now you know what to do when wondering ‘ can you sue for misdiagnosis ‘without missing out on the best payout you deserve.

How Do You Prove Misdiagnosis

Medical malpractice victims frequently ask legal experts this question: Can you sue for a misdiagnosis without complete proof?

According to the law, doctors are not held liable for all diagnostic mistakes. Instead, patients suing for medical malpractice because of a misdiagnosis must show four things to succeed.

  • Duty: The doctor is responsible for your well-being. A doctor-patient relationship must be established to demonstrate your doctor’s obligation to provide you with a doctor’s expected level of care.
  • Infringement of Duty: Your doctor failed to meet the level of care you deserve by diagnosing you in this manner. This indicates that a doctor with the same education and experience would not have reached the same conclusion about your condition.
  • Harm: Did you suffer any consequences from your doctor’s mistaken diagnosis? It isn’t enough to prove that the doctor misdiagnosed the patient. You must demonstrate that your harm was caused by mistake in diagnosis. Medical malpractice can only be considered if the patient is harmed due to the error or the misdiagnosis.
  • Damages: Did your doctor’s misdiagnosis cause you any harm? 

You must prove that the injuries would not have occurred if another doctor had the same standards. For example, you confirm that your respiratory symptoms are not due to allergy but misdiagnosis.

Can I Sue My Doctor for Misdiagnosis? How Do I Start?

Time and efficiency are paramount when it comes to doctors’ misdiagnosis. Below Includes the steps to take If you consider filing a medical malpractice claim. The steps include:

  • Consultation: An initial consultation with a medical law firm will connect you with a trained medical attorney specializing in your case. Legal advice is provided by a medical attorney who connects you with the right person to initiate legal action. Justpoint gives you the chance to seize this opportunity.
  • Documentation: Provide them with facts regarding your case and listen to their advice on moving the entire process until you get the payout you deserve by listing to the legal experts working on your medical misdiagnosis case.

Dont Waste your pain. The process is part of the case.

Tips to Help you Avoid Misdiagnosis

  • Voice Out: Don’t ask for clarification when you’re unsure about something. Stay informed on the potential outcomes of any prescribed medications, procedures, or treatments. Communication is the most critical factor. Ask questions if the treatment does not seem to be working. Consult your physician if your condition does not improve
  • Second Opinion: If you need a second opinion or legal guidance, don’t hesitate to get it. Ask your current medical professional to re-evaluate your results or look for other possible diagnoses to change your therapy. As a patient, you have the right to refuse treatment.
  • Proper Documentation: Ensure that you have adequate drug use and treatment documentation. Changing doctors or receiving a second opinion necessitates this paperwork, especially if you think, can you sue the hospital for misdiagnosis.” Don’t be afraid to jot down whatever you don’t understand on paper.
  • Updated Family History: Even if you think your family’s medical history has no bearing on your health, tell your doctor about it. Everything should be included.

How long Do I  Have to Sue for Misdiagnosis?

You have a limited time to file a lawsuit against a doctor who misdiagnosed you. Your state and country’s statute of limitations and repose will determine how long you must file a lawsuit. Generally, you have one year from the date of the event to file a claim ( with limited exceptions)

Stop losing time by asking: can I sue for misdiagnosis” speak to a medical malpractice attorney. 

If you believe you may be the victim of medical malpractice, go to our website at www.justpoint.com to submit your case information, and one of our case managers will reach out to you to discuss the case in more detail and determine how best to move forward.

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