Despite advances in modern medicine, misdiagnosis remains the leading cause of medical malpractice in the U.S. Have you suffered an injury due to misdiagnosis? You may be eligible to collect compensation for your injuries and damages if you suffered harm or injury due to a misdiagnosis. Please consult an experienced medical malpractice lawyer in your area to discuss your legal rights.
What Is Misdiagnosis?
A misdiagnosis is a diagnostic error in which a medical professional incorrectly identifies a patient’s illness or condition. Misdiagnosis can lead to a delay of or inaccurate treatment. Chronic pain and chronic fatigue patients are commonly misdiagnosed.
Common Diagnostic Errors That Lead to Misdiagnosis
Diagnostic errors that lead to misdiagnosis, a missed diagnosis, or a delayed diagnosis fall into three main categories: system-related, cognitive, and no-fault errors.
- System-Related Errors: Communication issues, technical failures such as equipment issues, and problems coordinating care.
- Cognitive Errors: Lacking the proper knowledge, critical thinking skills, and competency, problems in data gathering, and failing to synthesize information.
- No-Fault Errors: Atypical disease presentation (mimics another disease) or patient-related factors such as being uncooperative or providing misleading information.
Other significant causes of misdiagnosis include insufficient time with a patient, lack of diagnostic testing, lack of follow-up care, and fragmentation of care. The latter concerns the growing practice of seeing multiple specialists instead of one doctor for your medical treatment.
It results in multiple points of medical care, which creates ample opportunity for miscommunication or zero communication between facilities. This practice may result in inadequate testing and diagnostics, resulting in misdiagnosis.
Commonly Misdiagnosed Medical Conditions
It is estimated that 795,000 patients become permanently disabled or die across U.S. healthcare settings because dangerous diseases are misdiagnosed annually. The most commonly misdiagnosed medical conditions include:
- Cancer
- Stroke
- Heart Attack
- Lyme Disease
- Celiac Disease
- Fibromyalgia
- Lupus
- Brain Hemorrhage
- Aortic Dissection
- Pulmonary Embolism
- Sepsis
- Depression
Misdiagnosis victims who experienced severe harm, injury, or wrongful death should consult with medical malpractice immediately. Medical professionals carry insurance to recover compensation for your financial losses, pain and suffering.
Why You Need a Medical Malpractice Lawyer for Misdiagnosis
Despite being the leading cause of medical malpractice, misdiagnosis can be complex and challenging to prove. Having an experienced lawyer navigate the legal system and communications with insurance companies has many benefits.
Case Evaluation
A medical malpractice attorney will evaluate your case during the initial consultation. Bring any documentation of injuries and damages, such as medical bills, medical records, and receipts for out-of-pocket expenses.
Case Investigation
Your medical malpractice lawyer’s investigation into your misdiagnosis case may recover the compensation you need to pay for your healthcare costs and other damages. Your attorney will investigate your claim in various ways:
- Obtain and review medical records, including hospital and physician charts, lab findings, diagnostics, and other medical reports that can prove negligence.
- Talk to witnesses to collect information about your case.
- Consult with medical experts who corroborate negligence and damages.
Personal injury attorneys may also subpoena records, such as the misdiagnosing doctor’s academic record, performance appraisals, and National Practitioner Data Bank records.
Proving Negligence
It is up to your attorney to prove the four elements of negligence in your medical malpractice case: duty of care, breach of duty, causation, and suffered damages.
- Showing that the medical professional owed you a duty of care.
- Demonstrating that the medical professional breached their duty of care by acting unreasonably.
- Proving that the breach of duty of care caused you injury or harm.
- Establishing actual damages occurred because of the medical professional’s misdiagnosis.
Proving negligence can be complex, especially for those unfamiliar with the legal system and its procedures. Having an experienced medical malpractice lawyer may lead to larger settlement payouts.
Valuing Your Claim
Insurance companies are notorious for undervaluing misdiagnosis claims. An experienced medical malpractice attorney knows the value of a case and will not stop fighting for fair compensation on your behalf. They will take a comprehensive accounting of all damages, such as the following:
- Medical Expenses: Ambulance, ER visits, hospitalization, surgeries, doctor and mental health specialist trips, medical equipment, and prescription drugs.
- Rehabilitation Costs: Chiropractic care, audiology, speech and language, physical, occupational, and vocational therapy expenses.
- Disability Damages: Transportation and home modification costs, including wheelchair ramps, chair lifts, stand-up showers, grab bars, raised toilet seats, lowered counters, transfer benches, and widened doorways.
- Lost Income: Income, salary, commissions, bonuses, passed-over promotion opportunities, and diminished earning power.
- Household Services: Cleaning, cooking, childcare, senior care, grocery, meal, and other delivery services.
- Pain and Suffering: Loss of companionship, emotional distress, mental anguish, loss of activities, decreased quality of life, PTSD, depression, anxiety, physical impairment, and other non-economic losses.
Families mourning the loss of a loved one due to misdiagnosis leading to wrongful death may be entitled to receive financial compensation for the losses mentioned. Additional wrongful death damages include loss of guidance, loss of financial support, loss of consortium, and loss of inheritance.
Negotiating a Settlement
After valuing your claim, your attorney will send a demand letter for your damages, initiating negotiations. It’s rare for an insurance company to pay the demand. They typically start by sending a lowball offer to test the waters.
Unrepresented clients who fear negotiation or who are inexperienced with the legal process fall for several shady insurance company tactics, including:
- Pretend to be your friend to coax things out of you that they may use to deny liability.
- Pressure you to make a recorded statement about how you feel and your injuries immediately following the accident before symptoms fully hit you.
- Ask intentional questions to harm your credibility by getting you to make statements they can use to deny liability.
- Pressure you to release your medical records.
- Ask you to use their in-house doctors to evaluate your injuries.
- Hire private investigators to spy on you after the accident.
Finally, an at-fault insurance company may advise you that you don’t need an attorney. They know that having a law firm attached to the case means they will be responsible for paying more substantial compensation. It’s not in their best interest for you to obtain legal counsel, but it is in yours.
Trial Representation
If your misdiagnosis claim requires going to trial, your attorney will represent your case before a judge and jury. They will present the evidence of your case and call expert witnesses to testify on your behalf.
Concerns about a Misdiagnosis? Call a Skilled Medical Malpractice Attorney
Schedule your free consultation with a medical malpractice attorney to discuss your misdiagnosis case.