Can a Patient Seek Compensation for a Misdiagnosed Medical Condition?

 Posted on February 16,2023 in Personal Injury

Every day, patients trust their doctors to provide them with accurate diagnoses and quality healthcare. Unfortunately, in some cases, misdiagnoses occur, and patients may suffer serious harm as a result. If a misdiagnosis by a doctor or medical professional has resulted in injuries or other damages, then you may be able to seek compensation through a medical malpractice claim.

When Is a Misdiagnosis Considered to Be Medical Malpractice?

Medical malpractice involves negligence or carelessness by a healthcare professional that results in a patient's injury or wrongful death. It occurs when a healthcare professional fails to meet the generally accepted standards of practice in their field. There are multiple ways that a misdiagnosis may be considered medical malpractice. These situations may involve issues such as:

• Incorrect diagnosis - A doctor may misidentify a patient's condition. This may result in unnecessary treatment being provided that may affect a patient's health, while the actual condition may go untreated.

• Delayed diagnosis - A doctor may fail to recognize a condition within an adequate amount of time to ensure that a patient receives proper treatment. This can be a significant issue in cases where patients suffer from certain forms of cancer, and a delay in diagnosing these conditions may cause a disease to progress beyond the point where life-saving treatment can be provided.

• Failure to diagnose - If a doctor fails to identify a condition despite having all of the necessary information, then this can lead to serious harm or death due to the patient's inability to receive the proper treatment.

Seeking Compensation for Misdiagnosis

If you believe that your doctor has failed to correctly diagnose a condition and ensure that you received timely treatment, then you may have grounds for a medical malpractice claim. However, there are certain conditions and criteria that must be met before filing such a claim against a doctor or medical provider.

You will usually need to prove that the doctor acted negligently in failing to diagnose your condition. That is, you must demonstrate that a reasonable, competent doctor would have correctly diagnosed the illness in the same set of circumstances. Additionally, you will also need to show that a misdiagnosis caused measurable harm, which may include financial losses or issues that affected your personal life and your overall well-being.

Damages That May Be Available in Misdiagnosis Cases

If you are able to prove that you suffered harm due to misdiagnosis, you may be able to seek compensation for damages such as lost wages, medical costs associated with treating the condition, physical pain and suffering related to your illness, emotional distress associated with dealing with an incorrect diagnosis or delayed treatment of your condition, and diminished quality of life caused by permanent disabilities. It is important to consult with an attorney who is experienced in medical malpractice cases to gain an understanding of the damages that may be available in your particular situation.

Contact Our Naperville Misdiagnosis Injury Lawyers

A misdiagnosis can have serious consequences that may affect your health and well-being. If you believe you have been misdiagnosed by a medical professional, the experienced DuPage County medical malpractice attorneys of Mevorah & Giglio Law Offices can advise you of your rights and options, and we will ensure that your rights are protected throughout the legal process. We will work to help you recover compensation for any damages you have suffered because of medical negligence. Contact us at 630-932-9100 to arrange a free consultation today.

Sources:

https://www.healthline.com/health-news/many-people-experience-getting-misdiagnosed

https://www.verywellhealth.com/how-common-is-misdiagnosis-or-missed-diagnosis-2615481

https://www.docpanel.com/blog/post/how-common-misdiagnosis-infographic