When a healthcare professional’s negligence leads to a medical misdiagnosis, he or she could be liable for your injuries. The facility where they work might also be legally responsible. This could include doctors, diagnostic professionals, hospitals, or clinics.
Hiring a Baltimore medical malpractice lawyer to handle your misdiagnosis case is the best way to ensure you identify all potentially liable parties and build a strong case to hold them accountable for their negligence. Who is legally responsible will depend on the details of your case.
Who Is Liable for My Medical Misdiagnosis and Injuries?
Medical malpractice is more than a simple mistake made by a doctor or another healthcare professional. Malpractice occurs when they fail to provide an acceptable standard of care and cause harm. A doctor might negligently misdiagnose a patient by:
- Failing to recognize symptoms other doctors would not
- Failing to listen to the patient’s complaints
- Failing to take or examine a relevant medical history
- Failing to order necessary medical tests based on their symptoms
When other healthcare professionals act negligently, they could also face medical malpractice allegations. This could include almost any type of diagnostic role, such as radiologists or pathologists. They must examine and interpret results carefully and accurately using the standard of care provided by others with similar training and experience.
When a facility’s culture or relaxed rules support the carelessness or recklessness of care providers, the hospital or clinic might be liable, too. Your medical malpractice attorney can assess your options and identify the potentially liable parties in your case.
For a free legal consultation, call,
(888) 585-2188
How Much Will the Liable Party Owe Me for My Medical Misdiagnosis?
The value of a misdiagnosis malpractice case depends on the case facts, injuries, costs, and other factors. To accurately calculate a fair settlement range, you should consider working with a personal injury lawyer. Your lawyer will catalog your economic and non-economic damages and fight to recover money for them.
When you seek compensation from the a healthcare professional or facility based on a misdiagnosis, you can recover money for your tangible financial losses. This includes:
- Medical expenses, current and future
- Rehabilitation and long-term care
- Lost income
- Lost earning ability
- Related expenses
You can also pursue compensation for your noneconomic damages. These are your intangible losses. Even though they are intangible, your attorney will know how to assign a monetary value and seek fair compensation for them. They could include:
- Pain and suffering
- Loss of consortium
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
Some states limit how much money you can receive from a medical malpractice case. For example, in Maryland, there is a cap on noneconomic damages. Various factors can affect this cap. Your misdiagnosis lawyer will explain how a damage cap could affect your payout based on your case facts and the applicable laws.
How Can a Medical Misdiagnosis Lawyer Hold a Healthcare Professional Liable?
Medical malpractice cases are often complex and challenging to navigate and win. Each state has strict laws about the steps necessary to bring a malpractice lawsuit and hold the at-fault parties accountable. This is difficult or impossible to do on your own, especially while you are dealing with long-term injuries or an advancing illness.
Malpractice occurs when a trained medical professional fails to provide an acceptable standard of care. This is also known as medical negligence. When there is a misdiagnosis, the negligent party might be:
- The doctor who failed to recognize their symptoms
- The radiologist who did not see the problem on their medical imaging
- The pathologist who ran a test incorrectly
- The hospital administration that encouraged a culture that did not prioritize accurate and complete medical histories
Working with a medical malpractice lawyer will allow you to better understand who and why your misdiagnosis occurred. Your law firm will have a network of medical experts they call to support their clients in these cases. A medical expert review allows you—and anyone else involved in your case—to know what an acceptable standard of care would be and how your care deviated from it.
Your lawyer will also gather additional evidence to show the physical, emotional, and financial harm you suffered because of your misdiagnosis. Having this documentation of your damages makes it easier to secure a fair payout, whether through settlement negotiations with the malpractice insurance carrier or in a jury trial.
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What Should I Do If I Believe a Medical Care Provider Is Liable for My Injuries?
Once your health allows, you should contact a medical malpractice lawyer near you. Most law firms that handle misdiagnosis cases offer a free consultation for potential victims of negligent care providers. They also generally represent victims based on contingency. You should not have to pay upfront fees to have a lawyer represent you in your case.
Not all mistakes made by healthcare professionals rise to the level of medical negligence. Your attorney will know how to show malpractice occurred and caused your injuries. While they investigate your case and work with medical experts to develop a compelling argument for compensation, you can focus on your health. They will handle the rest.
There are deadlines for pursuing a medical malpractice case against the care professional or facility that caused your injuries. You should speak with an attorney as soon as you realize you received an incorrect diagnosis to ensure you meet all applicable timelines. The lawyer will know how quickly you must act and when they need to take each step of the claims process to manage your case.
Call or text (888) 585-2188 or complete a Free Case Evaluation form
Discuss Your Medical Misdiagnosis With Our Team for Free
Jenner Law provides complimentary case assessments for those who endured a misdiagnosis and related injuries. Our medical malpractice lawyer represents victims and holds the liable healthcare professionals liable for them. We can manage your case and fight for the money you deserve.
Contact us today to get started with a free consultation with our team.