Getting medically misdiagnosed is, unfortunately, far more common than you probably think. Each year in the United States, around 12 million people are affected by medical diagnostic errors, while between 40,000 and 80,000 people die annually as a result of complications related to misdiagnoses.
If you or someone you love has been affected by an incorrect or delayed diagnosis, a medical malpractice lawsuit can help to secure justice and compensation. In this blog post, we will highlight what you should do if you are medically misdiagnosed and how to provide medical malpractice based on diagnostic errors. Let’s get started with this guide to medical malpractice.
What to Do When You’re Misdiagnosed
If you believe you have been misdiagnosed, we recommend that you consult with a law firm with specific expertise in this area. In terms of bringing a medical malpractice claim, it’s important to abide by the statute of limitations that exists in your state. To sue for negligence, it is necessary to prove a number of points.
The first of these is that the doctor who treated you had a duty of care for you. That is to say that the doctor has a duty to act as a reasonably competent doctor.
The second of these is that the doctor breached that duty of care. It’s important to note that misdiagnosing an illness is not necessarily mean that the doctor was acting negligently. Therefore, it is necessary to show that a reasonably competent doctor would have diagnosed the illness correctly.
Thirdly, you must show that the misdiagnosis caused harm. Fourthly, are you able to show that the misdiagnosis resulted in measurable losses (also known as damages)? An experienced medical malpractice attorney will help you with each of these points.
The Importance of Gathering Information
It is very important to gather paperwork to showcase the above points and show diagnostic errors or any medical mistakes or oversights that happened. These documents will help in a number of ways, including:
- To prove there was a doctor-patient relationship
- To show evidence of the doctor’s negligence
- To allow your attorney to build a strong case
If you aren’t sure where to start when it comes to gathering evidence following a misdiagnosis, we recommended that you schedule a free consultation with an experienced attorney. Click here to find a medical malpractice attorney near you.
Getting Justice Following a Medical Misdiagnosis
Medical malpractice cases vary from state to state. Therefore, it is essential that you speak to a medical malpractice attorney with experience in dealing with misdiagnosis cases in your state. They will help you to get the justice and compensation that you deserve following a traumatic experience such as receiving an incorrect or delayed medical diagnosis.
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