Medical Misdiagnosis Attorney

A medical misdiagnosis can be devastating for a patient and can lead to aggravation of an existing condition, a delay in treatment, emotional distress, and in the worst case, death. Unfortunately, misdiagnosis and medical malpractice statistics are nothing short of scandalous. According to a Hofstra University study, ten percent of U.S. deaths are caused by medical malpractice, including misdiagnoses. Some studies, such as Johns Hopkins University, even suggest that medical errors are currently the third leading cause of death in the country, even after the two big killers heart disease and cancer. Additionally, these statistics only include fatalities and not those patients who suffered from horrific or permanent injuries due to medical malpractice. 

A misdiagnosis occurs for many reasons, including when a doctor fails to look at a patient’s medical history properly, or rushes an examination. A doctor may not be taking a patient’s description of their symptoms seriously, ignoring their concerns. A medical professional can also simply fail to recognize the symptoms or neglect to order any necessary tests and diagnostic screenings required to adequately diagnose a condition. If you are a victim of misdiagnosis by a medical professional, and have suffered injuries as well as financial losses, you should consult with a medical misdiagnosis attorney as soon as possible. Call the Fletcher Law Office today for a free and confidential review of your case: (816) 631-2868.

Examples of Medical Misdiagnosis

We all rely on medical professionals to adequately diagnose any medical conditions in order to ensure proper medical evaluation and treatment. Unfortunately, doctors, nurses and other medical professionals often make mistakes that result in disastrous consequences for patients and their families. The two main examples of medical misdiagnosis include:

Diagnosing the Wrong Disease

Some illnesses are more difficult to diagnose than others for various reasons, such as a lack of recognizable symptoms of hidden symptoms. A patient may also present symptoms that could potentially apply to several diseases. Conditions such as cancer, vascular issues, and infections, are commonly misdiagnosed according to Medical News Today. In fact, cancers account for one-third of medical misdiagnosis errors leading to death or disability. Other frequently misdiagnosed diseases can include heart attacks, blood clots, pneumonia, and meningitis.  

Late Diagnosis

The failure to diagnose a serious illness within a reasonable amount of time can have serious consequences and prolong the recovery time of a patient or even reduce their life expectancy. Late diagnosis happens when a doctor initially misses the condition and it is then diagnosed later on at a potentially more advanced stage. In illnesses such as cancer, which is typically easier to treat in earlier stages, this can have tragic and deadly consequences.  

Apart from these two main causes of misdiagnoses, victims may also have a claim if a medical professional mistakes any side effects from medication as an illness, or the underlying cause of your illness is not identified correctly. Injuries from a medical misdiagnosis can be physically detrimental, emotionally distressing, and extremely costly for a patient. A victim’s entire life may be turned upside down after suffering a debilitating injury or permanent disability as a result of the misdiagnosis. Victim of a medical misdiagnosis may not be able to return to work, and suffer from a reduced quality of life.

If you or a loved one received a medical misdiagnosis resulting in injuries or losses, you could potentially hold a doctor or hospital accountable and legally responsible. However, medical misdiagnosis cases can be complex and require a solid understanding of medical malpractice law as well as medical knowledge. A medical misdiagnosis attorney can help you understand your legal rights, help you assess your legal options, as well as file a claim on your behalf.

Proving Medical Misdiagnosis 

A wrong or delayed diagnosis on its own is not normally enough to bring a lawsuit. Victims of medical misdiagnosis also need to prove the following elements of a medical malpractice claim, with clear and compelling evidence:

  • The victim had established a doctor and patient relationship 
  • The doctor breached their “duty of care” and acted negligently with respect to the medical misdiagnosis
  • The negligence (medical misdiagnosis) directly caused the additional injury and losses

In a medical misdiagnosis claim, negligence typically means that a doctor or medical professional deviated from the established standard of care in diagnosing a medical condition. The victim must show that another doctor, under similar circumstances, would most likely have diagnosed the condition correctly. Proving this can make medical misdiagnosis cases particularly tricky and legally complex. Such cases typically require the testimony of one or several expert witnesses in order to have a chance of success to receive compensation for injuries and losses. 

Compensation Available in Medical Misdiagnosis Claims

If a victim of medical misdiagnosis can hold a medical provider liable for your suffering and financial losses, they could potentially recover a number of economic and non-economic damages, including:

  • Medical expenses and future medical bills
  • Lost wages and future lost wages
  • Lost earning capacity
  • Physical or psychological pain and suffering
  • Emotional distress
  • Reduction of life quality
  • Loss of consortium
  • Disability

It is important to note that compensation will depend on the details of your particular case and the severity of your injury and overall damages. Any damages you can recover will also depend on the long-term effects that the injury is expected to have on your future life. A medical misdiagnosis attorney at the Fletcher Law Office can help you calculate your present and expected future damages to ensure you receive appropriate compensation for your injuries and losses.

Fletcher Law Office Can Fight for Your Rights

If you or a loved one suffered the tragic consequences of a medical misdiagnosis due to the negligence of a medical professional or hospital, you may have a strong medical malpractice claim. Medical malpractice cases can be legally complex and lengthy to litigate, as well as require many resources and tenacity on behalf of an attorney. However, our experienced medical malpractice attorneys understand complex medical malpractice cases and can potentially help you hold the negligent party responsible. Our experienced attorneys can help you with the following regarding your medical misdiagnosis claim:

  • Determining whether you have a strong medical misdiagnosis claim
  • Gathering evidence to support your medical malpractice case
  • Determining all potential at-fault parties in your claim
  • Providing relevant expert witnesses, if necessary
  • Calculating your total compensation package including all of your injuries and losses appropriately 
  • Representing you aggressively in court

Contact Fletcher Law Office today at (816) 631-2868 for your complimentary consultation to find out more about your legal rights and ensure they remain protected.  

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