Can You Sue a Doctor for Misdiagnosis?

In short, the answer to this question is yes. As we all know, doctors and many other medical professionals have performed admirably during this global pandemic, and they all deserve a huge pat on the back. At a time where society came to a standstill, medical professionals did their best as demand in hospitals increased.

In 2021, it was a case of getting the vaccination to as many Americans as possible. As many different variants and waves of coronavirus affect the country, doctors are the backbone that holds everything together. Therefore, we don’t think that anybody would want to needlessly attack the reputation of the profession. Yet, there are still, sadly, too many examples of medical malpractice in the modern world.

Today, we’re going to talk about medical malpractice in more detail and we’ll answer the following question: can you sue a doctor for misdiagnosis?

What Is Medical Misdiagnosis?

Unfortunately, misdiagnosis can occur in many ways. However, the umbrella term covers any sort of irresponsibility or inattention from doctors and other medical professionals when diagnosing a patient.

When suffering from a health problem, you quite rightly went to a qualified doctor so that they could identify the problem. With many health issues, timely treatment is key. Rather than identifying the problem, however, the professional either failed to locate the issue or gave an incorrect diagnosis.

As you can imagine, both are equally damaging. For one thing, the underlying problem goes untreated. With cancer and many other serious health concerns, this is potentially fatal. Likewise, misdiagnosing a bleed on the brain can cause the patient to experience paralysis, brain damage, and death.

Elsewhere, the incorrect treatment that you receive can bring side effects despite not helping with anything. Also, misdiagnosis can cause lots of stress for not only the patient but loved ones too.

Causes of Medical Misdiagnosis

As mentioned, misdiagnosis is more of an umbrella term because it comes in different forms. For the most part, misdiagnosis will see a medical professional diagnose one health problem as something else. In our experience, there are many ways in which this can manifest itself.

Here are some common examples of misdiagnosis:

• Heart attack as a panic attack or indigestion
• Asthma as bronchitis
• Cancer misdiagnosis
• Stroke as a migraine

In a 2019 BMJ Quality and Safety study, around one in every twenty adult patients were misdiagnosed. Although 5% sounds small, it could mean two people in a waiting room of 40. As we saw before, they’re given the wrong medication and treatment all while the actual problem is ignored.

Why is misdiagnosis so common? Medical malpractice can occur when doctors fail to refer patients to the relevant specialists, fail to listen to symptoms properly, don’t screen for particular issues, misread lab results, perform tests incorrectly, fail to investigate causes of symptoms.

Can You Sue a Doctor for Medical Misdiagnosis?

After a case of misdiagnosis, the most likely solution is that you’ll sue your doctor as they are your primary physician. However, each case can differ, and it may also include other medical professionals. With this in mind, contact The Injury Firm for legal assistance. We’ll listen to your situation and provide the sensitive, direct, timely help.

Other medical professionals that can sometimes appear in such cases include:

• Specialists
• Nurses
• Lab technicians

Regardless of the case, healthcare facilities and hospitals are never included in medical malpractice cases. Generally speaking, most doctors at a hospital or medical facility work as independent contractors. Therefore, they aren’t employees of the facility itself. When medical malpractice occurs, the hospital isn’t responsible because the medical professional isn’t its employee.

Proving Medical Malpractice and Misdiagnosis

When going down this route, it’s important to understand that we can’t just sue a medical professional because they didn’t diagnosis your health issue correctly (or at all). In some cases, expert testimony may prove that the doctor did everything according to the book. They listened to your symptoms, ran all the correct tests, interpreted the tests well, and sent you to the right specialists. In these cases, there’s very little that the professional could have done to lead to a better outcome.

On the other hand, it is possible to sue a doctor if they were negligent or irresponsible; the best way to work out if you have a case is to contact The Injury Firm. While you recover, we’ll prove that there was a doctor-patient relationship and that, as a result, they had a duty of care toward you.

Next, we’ll need to prove that the doctor acted negligently. How? One way is to use expert testimony to show that another doctor in the same situation would have acted differently. We’ll need to show that a responsible doctor would have not made the same mistake with your diagnosis.

Finally, The Injury Firm will work hard to prove that the misdiagnosis caused damages that can be recuperated through compensation. Here are some examples of potential damages:

• Higher risk of complications
• Unnecessary surgery or other forms of treatment
• Worsening of health condition
• Higher risk of death
• Exposure to high-risk treatments

If the medical professional didn’t act as expected of them, we could have a case of medical malpractice. In this situation, The Injury Firm will gather paperwork, speak to expert witnesses, and build a case on your behalf. Our aim is to hold the professional accountable and receive compensation for the associated damages.

Can you sue a doctor for misdiagnosis? Yes, but proving the case is often difficult. As a result, contact The Injury Firm as soon as possible. Although the statute of limitations allows for two years to claim, we recommend getting started soon because this is the best time to gather evidence and ensure success.

We’ll use our negotiation skills to push for a fair settlement, but we also have the resources to take the case to court if no fair settlement is offered. You’re entitled to claim for all economic and non-economic damages including lost wages, medical bills, pain and suffering, and more!