We generally tend to trust doctors and other medical professionals or medical misdiagnosis with our well-being. They’re tasked with seeing to both our physical health and our mental wellness. In most cases, they use their education and experience to our fullest benefit. In fact, the number of people who have recovered from illnesses and injuries, enjoyed a higher quality of life, and even had their lives saved thanks to the compassion and thorough care of medical professionals is literally uncountable.
Unfortunately, not all experiences with medical professionals are as beneficial as they should be. At least 12 million people in the United States are affected by misdiagnoses each year. Many more suffer the consequences of other forms of medical negligence. If you or a loved one has been impacted by malpractice, read on to learn more about your legal options and the possible compensation for misdiagnosis you may be entitled to.
What Are Medical Misdiagnoses?
First, let’s discuss exactly what a medical misdiagnosis is. As you might imagine, this occurs when a medical professional incorrectly identifies the condition a patient is suffering from. That, in turn, can lead to incorrect treatments or even no treatment at all.
For example, say you go to the hospital complaining of chest pain. After a few questions, the doctor determines that you’re experiencing indigestion, which can be treated with a simple antacid or safely allowed to fade away on its own, and sends you home. In reality, though, your chest pain was caused by a heart attack, which is much more serious and requires much more intricate treatment.
There are a few types of diagnosis errors that can be pursued in court. Misdiagnosis is when a physician identifies and treats a patient for the wrong condition. A delayed diagnosis occurs when a doctor ultimately diagnoses a patient’s condition accurately but not in a timely manner. A missed diagnosis happens when a doctor dismisses a patient without identifying a condition at all.
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What Are Your Legal Options With a Misdiagnosis?
If you’re the victim of a misdiagnosis, you have the right to pursue your case in court. Working with a malpractice attorney is recommended. These cases can be particularly complex. Numerous factors come together to determine where the fault lies and to what extent. While doctors are often the culprits in these cases, they’re not the only ones who can be held liable. Other potential defendants include hospitals, clinics, nurses, radiologists, lab technicians, and diagnostic equipment manufacturers.
If you decide to pursue your misdiagnosis case, you can seek damages. They fall into two main categories: economic and non-economic. Economic damages include compensation for the medical bills accrued at the time of your incorrect diagnosis and treatments. They can also include any additional medical care you needed for your condition to be correctly diagnosed and treated.
In the event the misdiagnosis caused you harm that led to the need for even more medical care, you can request compensation for that as well. You can also seek damages for lost income due to time missed from work and any income you might lose in the future because of lasting harm caused by the misdiagnosis. In short, economic damages revolve around the tangible financial aspects of your case.
Non-economic damages are those that are more difficult to place a specific value on. They can include emotional distress, pain and suffering, physical scars and other types of disfigurement, and loss of enjoyment of life. If you’re pursuing a case on behalf of a loved one, you may be able to seek compensation for loss of consortium as well.
Seeking Justice for a Medical Misdiagnosis
Millions of Americans are affected by medical misdiagnoses each year. This type of medical malpractice can lead to unnecessary suffering, irreparable physical and emotional damage, and even death. If you or a loved one has been affected by a misdiagnosis, a malpractice attorney can help you seek the justice and compensation you deserve.
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