A medical misdiagnosis may not only feel like a violation of the patient’s trust, it can also result in serious consequences and damages for the victim. Victim’s of a misdiagnosis should be familiar with medical malpractice liability and the legal protections available to victims of a failure to diagnose, erroneous diagnosis or delayed diagnosis.
Liability for medical misdiagnosis
A medical misdiagnosis, or when a doctor does not get it right, can result in a worsened medical condition, a delay in receiving the correct treatment or can potentially be fatal. When the victim has suffered a worsened condition because of a misdiagnosis, they or their family members may have a claim for damages. The type of claim can depend on the situation and circumstances and what the victim has suffered.
Some medical conditions that may commonly be misdiagnosed can include asthma, heart attacks, Lyme disease, Parkinson’s disease, Lupus and cancers. If a doctor or other medical care provider was negligent with the incorrect diagnosis they made, they may be liable for damages that were caused by their medical negligence. It is important for medical care providers to order the appropriate tests, ensure they are properly read and that the standard of care is met.
A medical malpractice claim for damages can help hold a negligent medical care provider accountable and get the injured victim the help they need with the physical, financial and emotional harm they have suffered. Victims should not be afraid to ensure they receive the medical care, treatment and assistance they need.