Even if you have qualified and experienced physicians treating you, they can only give you the right treatment if they correctly identify what specific injury or illness you are dealing with. Unfortunately, not every healthcare provider is as careful and diligent in this regard as they should be, which sometimes leads to patients suffering serious harm because they never receive the care they actually need.
While an incorrect misdiagnosis can often serve as the basis for civil litigation, any experienced medical negligence attorney could tell you that building a strong claim around this type of error is far from simple. If you want a fair shot at getting the best possible case result, you should make speaking with and retaining a knowledgeable Trinity misdiagnosis medical malpractice lawyer one of your top priorities.
Does Misdiagnosis Qualify as Medical Malpractice?
It is worth emphasizing that while all medical professionals are expected to treat all their patients with the same level of care and consideration, befitting their medical skills and expertise, not every mistake such a professional makes necessarily justifies a lawsuit. With that in mind, misdiagnosis can qualify as grounds for a medical malpractice claim, but only if certain other conditions are also met.
First and foremost, the misdiagnosis must have directly resulted in the patient suffering some type of physical harm, which was serious enough to require additional professional medical care beyond what they have already received. For example, someone who goes to the doctor with a common cold and is told they are not actually sick could certainly wind up experiencing more physical discomfort than necessary as a result of that “misdiagnosis.” Still, since an illness like that will also clear up on its own over time, that person would not have grounds for a malpractice lawsuit based solely on that experience.
Second, the misdiagnosis must have occurred as a direct result of “negligence” by the provider(s) to be named as defendant(s) in an ensuing claim. In the context of malpractice claims, negligence typically takes the form of a breach in the applicable “standard of care,” as discussed in more detail below.
Finally, the injury or illness caused by the misdiagnosis must have directly caused the injured or ill patient to suffer “compensable losses”—in other words, forms of harm that can be “compensated” for at least to some degree by financial reimbursement. This will also be discussed in more detail below, and a Trinity misdiagnosis medical malpractice attorney could answer additional questions in detail during a private initial meeting.
Who Could Be Liable for a Medical Misdiagnosis?
Whenever a doctor-patient relationship is established between someone seeking treatment and the medical professionals involved in treating them, every one of those medical professionals is expected to meet a specific “standard of care” at all times while caring for that patient. While the exact nature of this standard can change depending on the circumstances, it generally requires healthcare providers to act in the same way that any other equally qualified and experienced provider would under similar or identical circumstances.
This means that holding a medical professional liable for harm caused by a misdiagnosis usually requires proving that the professional did something reckless or careless that any other reasonable professional would not have. For example, a primary care physician would be expected to make a diagnosis based on:
- A thorough examination of the patient
- A review of the patient’s medical history
- The results of tests meant to identify or rule out possible conditions
Failure to do any of those things could be grounds for litigation if it directly leads to a misdiagnosis.
Importantly, though, the doctor who makes an incorrect diagnosis is not always the only person who holds legal liability for that diagnosis. For instance, if a misdiagnosis stems mainly from a technician performing a test incorrectly, a Trinity misdiagnosis attorney could help pursue a medical malpractice claim against that technician or their employer, rather than the doctor who relied on what they did not know were unreliable test results.
Getting Paid Fairly for All Available Damages
Depending on the patient’s actual condition and what treatment they do or do not receive, a misdiagnosis can result in numerous economic and non-economic damages in both the short and long terms, such as:
- Physical pain and suffering
- Lost overall enjoyment of life
- Lost working ability or work income
- Emotional trauma and psychological distress
- Expenses for additional medical treatment, plus related costs for things like rehabilitative therapy and assistive equipment
The exact value of a medical malpractice claim in Trinity built around a misdiagnosis will vary based on each individual’s circumstances, so it is worth discussing recoverable damages with a seasoned lawyer before formally starting the claims process.
How an Attorney Could Help Prove Negligence in Your Malpractice Case
Establishing that a healthcare provider misdiagnosed a serious injury or illness through their own negligence generally requires extensive evidence from various sources. This can include:
- Comprehensive medical reports from numerous stages of the treatment and healing process
- Testimony from qualified medical experts
- Input from family members, friends, and even the plaintiff themselves about how their injury or illness affected them psychologically
Beyond just assisting with gathering and preserving all this information, legal counsel could play an essential role in organizing available evidence into a comprehensive and compelling claim that will stand up to scrutiny in and out of civil court. They can likewise help contest and cross-examine evidence presented by the defendant(s), which might otherwise convince a court to side with them over the person injured by their misconduct.
Perhaps most importantly, though, a skilled lawyer could help navigate the legal and procedural roadblocks that can get in the way of recovery during a misdiagnosis medical malpractice claim in Trinity. From complying with notice requirements to meeting with medical experts to ensuring filing procedures are completed before the deadline set by the “statute of limitations” expires, professional legal representation could be essential from start to finish of a case like this.
Speak With a Trinity Misdiagnosis Medical Malpractice Attorney Now
While no one can guarantee that every medical diagnosis will always be perfectly accurate, anyone seeking professional medical care should be able to trust that their doctors will do everything possible to get their diagnosis right the first time. If your physicians did not meet this basic standard of care, they should be the ones who are financially liable for any losses their misconduct caused you.
Guidance is available throughout cases of this nature from a Trinity misdiagnosis medical malpractice lawyer at Perenich Law Injury Attorneys. Call today for a consultation with one of our three brothers passionate about helping others.
(727) 669-2828