Medicine & the Law - LawCall

Were you misdiagnosed by your physician? Prescribed the wrong medications as a result? Has it caused you other medical issues, or perhaps a loved one has died because of the misdiagnosis? You may have a medical malpractice lawsuit.

The first thing you will want to do is make an appointment with an attorney who specializes in personal injury. These cases are difficult, and you’ll need the expertise to win your case.

Patients, generally, must prove three things to sustain a malpractice suit based on a wrong diagnosis:

  • a doctor-patient relationship existed
  • the doctor did not provide treatment in a timely manner
  • the doctor’s negligence caused injury to the patient

Most medical malpractice cases hinge on the last two – was the doctor negligent, and did the negligence cause harm to the patient?

There are several ways in which a doctor or other medical practitioner can make diagnostic mistakes and which will be considered in filing a lawsuit:

  • Wrong diagnosis: the doctor treats the wrong illness
  • Missed diagnosis: the doctor gives the patient a clean bill of health when in fact there is an illness.
  • Delayed diagnosis: a correct diagnosis is eventually made, but after a significant delay.
  • Failure to recognize complications: the doctor makes the right diagnosis, but fails to identify complications which change or aggravate the illness or condition.
  • Failure to diagnose a related disease: the doctor diagnosis correctly, but fails to diagnose a related disease; and
  • Failure to diagnose an unrelated disease: the doctor fails to diagnose a completely unrelated second disease.

It is also necessary to prove the standard of care within the local medical community.

If you or a loved one has been misdiagnosed, or if you think you have – hire an attorney to look into your case. You do have legal recourse in these cases, and our attorneys will talk with you free of charge to determine whether or not you have a case.

If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.


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