Misdiagnosis and medical malpractice

On Behalf of | Oct 3, 2017 | failure to diagnose

We are all grateful for the men and women who serve as doctors and other medical care professionals, but it is still frustrating and disappointing when a doctor we depend on makes the wrong call and misdiagnoses an ailment. As much as we’d like to think that misdiagnosis is only a once-in-a-while anomaly, it happens much more often than you might expect.

According to some sources, as much as one-third of all medical care administered involves some form of misdiagnosis. In some cases, this is not a factor in the overall success or failure of treatment, but when it does affect treatment, misdiagnosis can be devastating.

If you believe that your doctor misdiagnosed your injury or illness, and that misdiagnosis lead to further injury or loss on your part, you may have grounds for a medical malpractice suit. Before you move forward with a lawsuit, however, be sure to seek out all the legal help you need to build a strong case and keep your rights protected.

Where to begin with misdiagnosis

Depending on where you are in your treatment cycle, you may have an opportunity to right the course of treatment and avoid serious injury or death. Be sure to bring up your concerns with your doctor and be very clear that you have concerns about the diagnosis.

In some cases, a doctor may recognize an opportunity to reverse tactics and attempt a different diagnosis, or, if you’ve already suffered some consequences of the misdiagnosis, may offer to correct the situation through different treatment or an operation.

Continue to seek correct treatment

If you believe that you suffered a misdiagnosis, you should continue to push your doctor to reassess you, or consider seeking out another doctor’s opinion. Under many interpretations of medical malpractice laws, a victim still retains the responsibility to continue to seek proper treatment instead of purposefully avoiding treatment. If you purposefully avoid treatment, you may face difficulty pursuing fair compensation.

Depending on the nature of your ailment and the severity of the results of the misdiagnosis, you may have a number of different strategies available to pursue a lawsuit.

Also be mindful of the wear and tear that focusing on this conflict can take on your physical health. If you continue to suffer the consequences of the misdiagnosis, be sure to consult with an experienced attorney who can represent your interests and priorities while keeping your rights protected.


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