The damages recoverable in a medical malpractice case depend greatly on the facts of what happened and the expenses and losses the victim suffered. However, common damages include medical expenses, lost income, and pain and suffering.
Most people who suffer injuries from a misdiagnosis cannot successfully handle their medical malpractice cases alone because they are so complex. This is why working with a Baltimore medical malpractice lawyer is important. They can help you identify your recoverable damages and establish a potential range for a settlement that includes both economic and non-economic costs.
What Damages Can I Pursue in a Medical Misdiagnosis Case?
Misdiagnosis is a type of medical malpractice. When a medical care provider acts negligently and causes injuries, this situation could support a medical malpractice claim or lawsuit. Potential medical errors include missing a diagnosis or diagnosing a patient incorrectly.
In any medical malpractice case, the victims can seek damages for their economic and non-economic damages.
Economic Damages in a Medical Misdiagnosis Case
The economic damages in a medical malpractice case are the financial expenses and losses the victim incurred and those they will likely face in the future. Economic damages account for the actual costs of their care and the financial losses they endured. The compensation recovered for them could include money for:
- Related medical expenses to date
- Estimated future medical care costs
- Rehabilitation and long-term care expenses
- Lost income
- Lost earning capacity for lasting injuries
Non-Economic Damages in a Medical Misdiagnosis Case
Medical malpractice laws also allow victims to recover money for non-economic losses. These are the intangible damages suffered because of a healthcare provider’s negligence. A misdiagnosis can result in significant physical pain and suffering, emotional distress, and other losses. Some types of recoverable non-economic damages include:
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Lost quality of life
Maryland law places no limit on the recovery of economic damages. However, there are caps on non-economic damages, per Md. Code, Cts. & Jud. Proc. § 3-2A-09. Your medical malpractice attorney can offer information and guidance specific to your case.
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How Do I Know How Much My Medical Misdiagnosis Case Might Be Worth?
A personal injury lawyer who represents injured patients can be your best resource when calculating a fair settlement range for your medical malpractice case. They know how to determine your expenses and losses and what is necessary to show how much the incorrect diagnosis cost you financially, physically, and emotionally.
While you might be able to add up the totals from your medical bills, receipts, and other documents easily, much more is required when calculating your damages. You must not forget your future expenses and losses or your non-economic damages. These could easily eclipse the money already spent.
Your medical misdiagnosis lawyer will know how to calculate each type of damages, seeking a fair payout for you based on a complete picture of your current and future costs. They will also consider how the damage caps could affect your case.
Your Medical Malpractice Lawyer Understands How a Misdiagnosis Can Affect Your Life
A misdiagnosis or missed diagnosis can significantly affect your health. Many patients suffer severe physical, emotional, and financial consequences because of a practitioner’s negligence. When a doctor or another medical professional fails to provide an acceptable standard of care, and this leads to a misdiagnosis, the consequences could include:
- Delaying the correct diagnosis and appropriate treatment
- Allowing the illness or injury to progress further
- Undergoing unnecessary treatments
- Prescribing unnecessary medications with dangerous side effects
- Unwanted and preventable psychological effects
- Worsening symptoms that could include severe pain and other concerns
- Lengthening the time necessary to treat the condition
- Wrongful death
A misdiagnosis is only considered medical malpractice under certain circumstances. This generally occurs when:
- The medical professional fails to provide the same standard of care others with the same training in the same area would have provided
- The healthcare provider’s failure leads to injuries or harm to the victim
To prove these cases, your medical malpractice lawyer may enlist the help of a medical expert who can verify that negligence occurred and your misdiagnosis supports a malpractice case. This expert is generally a doctor with similar training and experience as the practitioner whose negligence caused your injuries.
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What Should I Do If I Want to Seek Damages in a Medical Misdiagnosis Case?
If you believe a care provider’s negligence led to your misdiagnosis and injuries, talk to a medical malpractice lawyer as soon as possible. They will review your case and determine your next steps.
Once you decide to proceed with a medical malpractice case, your personal injury attorney will handle everything. They will manage all communication with the accused doctor or hospital, their malpractice insurance carrier, and other parties. If appropriate, they will file a medical malpractice lawsuit on your behalf. They will know the deadlines and requirements for these complex cases.
Your medical misdiagnosis attorney will also investigate what happened, gather evidence, and work with experts to build a compelling case that shows medical negligence occurred. These steps are essential in seeking and recovering damages in your case. Not only will the case require a medical expert’s agreement that malpractice occurred, but your lawyer must also convince the insurance company and possibly a jury to award you a fair settlement.
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Talk to Our Team About Your Medical Misdiagnosis for Free Today
Jenner Law provides free initial case consultations for those injured by a medical misdiagnosis. Our legal team can assess your case and offer guidance about your next steps. Our medical malpractice attorneys help clients hold doctors, hospitals, and other negligent medical professionals accountable.
To get started today, contact us. We have someone available to take your call, assess your case, and discuss your legal options with you.
Call or text (888) 585-2188 or complete a Free Case Evaluation form