There are several things you must establish to prove that you have been a victim of medical misdiagnosis, there are several things you must establish. Our medical misdiagnosis lawyers will review them in detail below.
Existence of a Condition that the Doctor Missed
You must prove that you have a specific condition that the medical professional missed. For example, you had a heart attack, but the doctor misdiagnosed it as anxiety.
For a free legal consultation, call,
(888) 585-2188
The Doctor Failed to Meet the Standard of Care
Doctors must follow what’s known as the “standard of care.” Essentially, the standard of care is what a reasonable medical professional with similar training would have done in a similar situation. This may include:
- Taking blood work
- Ordering X-rays
- Getting a second opinion
- Reordering an X-ray if results are inconclusive
- Ordering more tests if results are inconclusive
Certificate of Qualified Expert & Report
Proving this typically requires expert testimony. In some states, you can’t even move forward with a medical malpractice case without an expert certifying that the case has merit. This is a certificate that a medical professional has reviewed and signed attesting that they believe the doctor’s action or inaction violated their duty of care and that the violation was a cause of your injury. Maryland is one such state that requires a certificate of qualified expert and report. Our team works with a number of experts in various fields of study.
The Doctor’s Medical Error Caused You Harm
It’s important to note that the medical provider’s failure was a cause of your harm. Doctors make mistakes just like everyone else. If their negligence was not a cause of your injury, you don’t have a case.
To prove you’ve been a victim of medical misdiagnosis, you must demonstrate that their failure to diagnose you appropriately had a detrimental effect on your health. For example, if a doctor misread your X-rays and didn’t see a tumor, that is medical negligence. It constitutes a medical malpractice case if you can prove that the failure to diagnose your tumor:
- Allowed it to metastasize,
- Caused you pain, and
- Made it more difficult to treat, leading to higher medical bills and lost wages
Click to contact our personal injury lawyers today
What Constitutes Medical Misdiagnosis?
Medical misdiagnosis occurs when a healthcare professional inaccurately assesses your condition, leading to a wrong, missed, or delayed diagnosis. Each type has distinct implications for your health.
Wrong Diagnosis
A wrong diagnosis means you’ve been diagnosed with a condition you don’t have, potentially subjecting you to unnecessary treatments. An example of a wrong diagnosis is lung cancer being mistaken for pneumonia.
Missed Diagnosis
A missed diagnosis is when a current condition goes unrecognized. An example of this is a doctor failing to see a tumor on an X-ray and not diagnosing a patient with lung cancer.
Delayed Diagnosis
A delayed diagnosis refers to a correct diagnosis that was unnecessarily postponed, possibly worsening your condition over time. Continuing with the example above, a doctor later diagnoses your lung cancer months after they should have.
What Causes Medical Misdiagnosis to Occur?
Several factors contribute to medical misdiagnosis:
Miscommunication
Communication errors between patients and healthcare providers, or among healthcare providers, can lead to critical information being overlooked or misunderstood.
Inexperience
Lack of knowledge or experience with particular conditions can also play a significant role, as can laboratory mistakes, where incorrect results can lead to a misdiagnosis.
Some Conditions Are More Likely to Be Misdiagnosed
Certain conditions are more susceptible to misdiagnosis than others. For instance, heart attacks in women often present with symptoms different from the classic chest pain, leading to misdiagnoses such as anxiety or indigestion.
Similarly, conditions like Lyme disease, which can present with symptoms common to many other illnesses, are frequently misdiagnosed. Thyroid disorders, often manifesting with symptoms that can be mistaken for depression or anxiety, are another example of conditions that can be easily misidentified.
Being aware of these risks and understanding the common causes and examples of misdiagnosed conditions can empower you to seek a second opinion or more thorough testing when you feel your concerns are not being adequately addressed. It’s an essential step in advocating for your health and ensuring you receive the correct diagnosis and treatment.
Complete a Free Case Evaluation form now
What to Do If You Think a Doctor Misdiagnosed You
If you suspect you’ve been the victim of medical negligence, taking immediate and informed action is crucial. Here’s what you should do:
- Seek a Second Opinion: Get medical care and consult another healthcare provider to get an alternative evaluation of your symptoms and health concerns. A fresh perspective can be invaluable.
- Gather Your Medical Records: Collect all your medical records related to the diagnosis, including test results, imaging, and notes from consultations. These documents are critical for a second opinion and any potential legal action.
- Document Your Symptoms: Keep a detailed diary of your symptoms, treatments attempted, and their effects on your health. This information can support a medical malpractice lawsuit.
- Consult a Medical Malpractice Lawyer: If you’ve suffered due to a misdiagnosis, consulting with a medical malpractice lawyer can help you understand your rights and options for compensation.
Taking these steps can help you secure the correct diagnosis, receive the appropriate treatment, and potentially rectify the misdiagnosis’s impacts on your life.
Note: Be sure that you act quickly. No matter how strong your case is, if you overstep the statute of limitations, you might not end up recovering a single cent. In Maryland, you have five years, according to Maryland Courts & Judicial Proceedings Code 5-109. There may be situations that toll the statute of limitations, but you don’t want to rely on that. Our medical malpractice lawyers are prepared to help you today.
Call Us for Help Proving You Were a Victim of Medical Misdiagnosis
If you believe a doctor has misdiagnosed you, it’s crucial to take action. We want to hear your story, seek justice on your behalf, and hold the negligent doctor accountable. Medical negligence can have profound impacts on your health, and you deserve compensation for any harm suffered. Don’t navigate this challenging journey alone.
By calling a medical malpractice lawyer, you can explore your legal options and ensure your voice is heard. Together, we can work towards the justice you deserve.
Call the Jenner Law team today for help. The initial consultation is free, and you pay our personal injury lawyers nothing until we win your case.
Call or text (888) 585-2188 or complete a Free Case Evaluation form