What Can I Do if My Doctor Misdiagnosed My Condition?

What Can I Do if My Doctor Misdiagnosed My Condition?

Posted By Maher Law Firm || 12-Sep-2018

A misdiagnosis could lead to some serious issues for a patient and, depending on the condition that was misdiagnosed, these types of errors could potentially cause irreparable damage or lead to death. If you were misdiagnosed by your physician, you might be wondering if you could file a lawsuit against him or her or what other options you have for taking legal action. The most important question in a case such as this is whether the doctor who treated you breached the applicable medical standard of care. If a similarly trained doctor in the same medical community were to treat you, would this lead to the same outcome?

Common Misdiagnoses

Just about any medical condition can be misdiagnosed in the hands of a negligent health care provider. However, some are more common than others. Some of the most common cases of misdiagnoses include:

  • Asthma, which is often misdiagnosed as recurring bronchitis
  • Cancer, which typically leads to painful and debilitating treatments such as chemotherapy and radiation
  • Heart attack, which can sometimes be mistaken for indigestion, panic attacks, or other issues
  • Lymph node inflammation, which is sometimes mistaken for appendicitis
  • Staph infection, which could be misdiagnosed as a common flu
  • Stroke, which some often dismiss as a migraine or other minor issue

In many cases, a misdiagnosis can involve either a delay or a mismanagement of diagnostic testing. Such errors can also be caused by:

  • Failure to screen for certain medical conditions
  • Failure to refer to a specialist
  • Failure to properly interpret lab test results
  • Failure to properly consult with the patient regarding his or her symptoms
  • Failure to properly follow up and investigate potential causes of reported symptoms

Who Can You Sue?

Generally, in a misdiagnosis case, only your doctor would be liable for your injuries. In rarer cases, it is possible for other health care professionals, such as nurses, lab technicians, or other specialists, to be liable if they somehow contributed to a patient’s injuries. Given that doctors are usually independent contractors, however, patients typically cannot sue the hospital or health care facility where the doctor works.

Additionally, it is not sufficient to simply say that a doctor misdiagnosed a patient. Your medical malpractice lawsuit will be successful only if it can be proven that the misdiagnosis resulted in harm. Harm can be defined in a number of ways, including:

  • The patient is exposed to more aggressive treatment than would have been necessary if the condition were diagnosed earlier
  • The patient is unnecessarily exposed to harmful courses of treatment
  • The patient has unnecessary procedures performed that could result in scarring or disfigurement
  • The patient experiences an increased likelihood of complications
  • The patient chances of dying increase

Medical Malpractice Attorneys in Orlando

If you were misdiagnosed by a negligent health care provider, you have a right to pursue fair and just compensation for your injuries. At The Maher Law Firm, our medical malpractice attorneys in Orlando are dedicated to fighting on behalf of the wrongfully injured and will do what to takes to ensure the responsible parties are held accountable for their actions.

Get started on your case today and reach out to our law firm at (855) 338-0720 to request a free initial case evaluation with one of our knowledgeable attorneys.

Categories: Medical Malpractice
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