Can You Sue A Doctor For the Wrong Diagnosis
Can You Sue A Doctor For the Wrong Diagnosis, medicine isn’t the best science medical practitioner can take a look at a patient, run checks, and pour over the results, however, the analysis is sooner or later a trained guess.
Most of the time, the diagnosis is going to be correct. Sometimes, the doctor is going to be wrong.
Often, a misdiagnosis isn’t really negligence because the symptoms could have fit over one disease it isn’t until afterward, when new symptoms reveal themselves, that it’s possible to get an accurate diagnosis. Some diseases, like multiple sclerosis and lupus, are even infamous for taking years to diagnose.
When a physician’s diagnosis mistake results in inappropriate medical treatment, delayed treatment, or no treatment whatsoever, a patient’s medical condition can deteriorate, sometimes rapidly.
Now the question is, Can a patient really sue a doctor for a misdiagnosis?
What Is “Misdiagnosis”?
Can You Sue A Doctor For the Wrong Diagnosis, if you suffer from a specific medical condition and you were inaccurately diagnosed as having another condition, or if the diagnosis failed completely to detect your medical condition, you were misdiagnosed.
In Some Cases, A Medical Misdiagnosis May Also Be The Results Of A
Physician’s Failure To:
• sent the affected person to a fantastic specialist
• screen for a specific disease or condition
• read the lab test results properly
• Examine the patient about his or her symptoms
• follow through and determine causes of a patient’s symptoms
Patients got to understand that a diagnostic mistake by itself doesn’t necessarily constitute medical malpractice. In a medical malpractice case, the alleged victim called the “plaintiff,” must prove three elements in the case so as to prevail and win compensation.
What Must Be Proven?
• There was a doctor-patient relationship.
• A typical doctor in a similar practice, and in a similar situation, wouldn’t have made a similar diagnostic mistake; that means, the doctor was negligent.
• The doctor’s negligence might have caused some provable harm or injury to the said patient.
What Constitutes Medical Malpractice?
Doctors owe what the law calls a “duty of care” to every one of their patients.
When a doctor’s treatment of a patient fails to satisfy the medical profession’s own minimum standards the doctor has breached the duty of care, and if the result causes harm or injury to a patient, it is basically known as medical malpractice.
According to an Atlanta clinical malpractice attorney, Lloyd Bell, “The most quintessential job of a health practitioner is to be in a position to precisely diagnose a patient’s illness. Every medical decision depends on how accurate the diagnosis is. When a doctor misdiagnosis the patient as a result of negligence, he or she could also be blamed for malpractice.”
One of the most dangerous or serious risks posed by a misdiagnosis is that a patient may receive the incorrect treatment or medication after the misdiagnosis of a severe condition.
If your own health deteriorates due to results of such improper treatment or medication, an Atlanta medical malpractice attorney can assist you to know your legal rights and options, which can include a medical malpractice lawsuit. Read Also: Health Insurance
A medical malpractice lawsuit lets a misdiagnosis victim seek justice – also as compensation for extra medical expenses, pain, suffering, and within the case of income-earners, compensation for lost wages.
So when are you able to sue for a misdiagnosis?
Ask Yourself These Questions:
1. Did The Misdiagnosis End Result From Something That Was Once Omitted Or Ignored?
For example, imagine you repeatedly told your doctor that you had joint pain and a rash, and therefore the doctor just shrugged off your comments about the joint pain because of the normal process of aging and gave you an ointment for the rash.
He ignored your case history of psoriasis and overlooked the connection between the two glaring symptoms that would have led to a diagnosis of psoriatic arthritis until after you suffered severe complications like damage to your heart valve.
That’s an example of possible negligence. The doctor dismissed your concerns, did not refer you to an appropriate specialist and doubtless caused a delay within the effective treatment of your disease. The delay likely caused your condition to worsen unnecessarily. Read Also: Rehab Doctor.
2. Were You Harmed By The Wrong Treatment?
Sometimes an incorrect analysis and incorrect remedy don’t do any good, however, they additionally don’t do any actual harm. If the misdiagnosis and incorrect remedy motives no recognizable harm, you will have a challenging time making a case. On the opposite hand, you’ll have an excellent case if the treatment made your condition worse. Read Also: Car Accident Doctor In Atlanta.
For instance, imagine that your doctor diagnoses you with high blood pressure level when you’re really just showing a temporarily high reading because of stress and pain. The blood pressure medication causes your blood pressure level to fall too low and you have to show up in the intensive care unit every week at the hospital.
That could make an honest case for negligence. The doctor did not act with caution and injured you. If you think that you’ll be the victim of a misdiagnosis, an attorney can review your case and advise you of your options.