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Can You Sue For Malpractice For Misdiagnosis?

Can You Sue For Malpractice For Misdiagnosis?

No one wants to visit a court or file a case, but there are certain unavoidable circumstances when there is no choice left with the person. One of these situations is when a person sues for malpractice when a doctor misdiagnoses his problem, resulting in wrong treatment. It is not uncommon for medical practitioners to incorrectly diagnose a problem, and there may be several reasons or factors behind the same.

The doctor may be overworked, careless, or just failed to take all reports and observations into consideration when diagnosing a condition. When a person is wrongly treated and suffers damage or poor health due to the same, a malpractice case can be filed in court. Many times, misdiagnosis also results in the death of a patient. When faced with such a situation, the person must hire the services of a seasoned Miami medical malpractice attorney.

The legal professional can help draft a strong malpractice case against the medical practitioner and win the same in the court. It is important to understand that such cases are very complicated and navigating through them is only possible with the help of an expert and experienced lawyer. The professional also helps when negotiating with the insurance companies for claims. It is better to leave this to the lawyer instead of trying to negotiate on your own. A reputed lawyer on board is the first step towards winning any malpractice or misdiagnosis case.

What is construed as misdiagnosis?

Source: mcintyrelaw.co

Here are a few situations which can be considered as misdiagnosis.

  • If the patient’s health deteriorates after the diagnosis and related treatment, it is considered a misdiagnosis. In some cases, a wrong diagnosis and treatment also result in a heart attack.
  • Delay in diagnosis also results in identifying the underlying problem. In certain cases, symptoms in a patient may seem like a kidney stone, and the doctor may start treatment accordingly, but after some time, it is realized that it is appendicitis. In the meantime, the patient has already received the wrong treatment, which could have subjected the patient to a long list of unnecessary tests and discomfort.
  • Diagnosing a problem incorrectly may also result in wrongful death or cause irreversible damage to the patient’s health.

When a person finds himself in any of these situations, a malpractice suit may be filed in court with the help of Boyers Law, a Miami based medical malpractice attorney. Many times, malpractice cases also involve a pharmacy or a hospital. Moreover, if the medical or healthcare facility fails to adhere to the standards of medical care, the patient can sue them in court.

It is pertinent to note here that one out of twenty patients in the USA is misdiagnosed every year. Although 95 percent cases show an excellent recovery rate of 95 percent, a few cases result in no treatment for an extended period, unnecessary treatments, a lot of pain and suffering for the patient, and irreparable damage to the patient’s health. It is better to hire an experienced attorney and claim compensation.

With time, a lot of medical malpractice instances are coming up

Source: napolilaw.com

There may be several reasons behind this growing surge in such cases. The major reason behind the problem is doctors being overworked or overburdened due to a higher influx of patients. Moreover, the expectations from medical healthcare professionals are growing rapidly, and many people consider them nothing less than a God. Thus, when a patient or the kin of the patient feel that the doctor is failing in his duty to care for the patient, they straight away think about filing a civil suit of medical malpractice. As discussed above, it is easier said than done. Not all cases are eligible to be filed as medical malpractice or negligence cases.

Thus, before making any rash decision or wasting your time, money, and effort in filing such a case, it is important to hire the services of an experienced attorney. He is the best legal professional who can analyze your case and let you know if the case has any merit. The attorney will study the case in-depth and determine if the case has all the four elements necessary to be admitted in the court as a medical malpractice case. If one or more elements of medical malpractice are missing, the court may not stand admittance in the court.

It is very important to look for a seasoned legal professional who knows the finer nuances of such cases and can guide you well. Flying blind is not recommended as it is just a wastage of time, money, and effort. It is important to find how a doctor, pharmacy, medical healthcare provider, hospital, or ancillary staff failed the patient. In clear-cut blunders like when a surgical tool is left inside the patient’s body while undergoing an operation, it can fly in court, and the doctor may be sued for medical malpractice. The cases like wrong or incorrect diagnosis also need to be proved in court with the help of pertinent documents and witness accounts.

The attorney may hire an investigator who can help collect medical records and other relevant information that strengthens the case. Once the information is collated, it is used to build a strong case. The lawyer presents the same as per the court proceedings. The defense lawyer also cross-examines the patient or the next of kin and witnesses to find the truth behind the evidence presented in court. Once the proceedings are complete, the decision depends on the lawyer’s evidence and witness accounts. A lot depends on his expertise and skills also. Thus, it is suggested to hire the best lawyer you can find.

When visiting a doctor

Source: pinterest.com

The patient puts in a lot of faith and trust in his abilities. Mistakes in diagnosis or prescription, treatment, etc., resulting in injuries or damages to the patient can result in a medical malpractice case. Thus, the doctors need to be very careful when treating a patient. They must understand that their every action will have a lot of impact on the lives of the patients.

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