Jul 20th, 2023
Paulozzi Joseph

Medical professionals hold the weighty responsibility of diagnosing illnesses accurately and prescribing appropriate treatment. When they fail to do so correctly, the consequences can be severe, leading to worsened health conditions or even death. One common type of medical malpractice is misdiagnosis. However, a misdiagnosis in itself doesn’t always constitute medical malpractice. So, how can you tell if you’re entitled to compensation? Here’s a guide to help you understand.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or medical technician, provides treatment that falls below the accepted standard of care in the medical community, causing injury or death to the patient. It’s not just about a medical error, but rather an error that results in harm.

Misdiagnosis as Medical Malpractice

Misdiagnosis refers to diagnosing a patient with the wrong illness or failing to diagnose the patient altogether. This can lead to delays in appropriate treatment, unnecessary or harmful treatment, and missed treatment opportunities, leading to potentially catastrophic outcomes.

However, a misdiagnosis doesn’t automatically equal medical malpractice. For a misdiagnosis to qualify as malpractice, the following must be proven:

  • A Doctor-Patient Relationship Existed: You must be able to show that the medical professional in question was responsible for your care.
  • The Doctor Was Negligent: The doctor did not provide treatment in a reasonably skillful and competent manner. This usually requires comparison to what a similarly trained and experienced doctor would have done under the same circumstances.
  • The Doctor’s Negligence Caused the Injury: You must be able to show that the doctor’s negligence, and not the disease or injury itself, caused harm. For example, if the doctor’s accurate diagnosis would not have delayed the illness progression or changed the outcome, it may be hard to prove harm.
  • The Injury Led to Specific Damages: You must prove that the injury led to significant damages such as physical pain, mental anguish, additional medical bills, lost work and earning capacity, among others.

Steps to Take if You Believe You’ve Been Misdiagnosed

If you suspect that you have been misdiagnosed, take the following steps:

  • Seek a Second Opinion: If you have doubts about your diagnosis or treatment, seek another medical professional’s opinion to verify or refute it.
  • Gather Relevant Medical Records: Collect all your medical records, including test results, prescriptions, and notes on your symptoms and doctor’s appointments.
  • Consult a Medical Malpractice Attorney: If the second opinion vastly differs from the initial diagnosis or if your condition has worsened due to the misdiagnosis, contact an experienced medical malpractice attorney like those at Paulozzi LPA.

Our experienced team at Paulozzi LPA can review your case, guide you through the complex legal process, and fight for your rights to fair compensation. Navigating a medical malpractice case can be challenging, but with the right legal guidance, you can get the justice you deserve.

Remember, your health is vital, and a misdiagnosis can have significant effects on your well-being. If you think you’ve been a victim of misdiagnosis, don’t hesitate to seek legal advice. You have rights, and you deserve to be compensated if those rights have been violated.

Consult with a skilled attorney today to learn more about your options and get the support you need. Your health and justice are too important to leave to chance.

Share This Story, Choose Your Platform!
Call Us
Text Us