Misdiagnosis Attorney: Proving Negligence in Wrongful Claims

Getting the wrong diagnosis can change your life in an instant.

One day they say it’s “just stress.” The next you have something that should have been diagnosed months ago. By then it’s too late.

Here’s the thing…

Showing that a doctor messed up isn’t as easy as explaining to a judge what occurred. Rules of law apply and mountains of medical evidence must be analyzed. Enter the misdiagnosis lawyer.

This article discusses the elements of medical malpractice based on misdiagnosis, proving negligence, and choosing the correct attorney.

Let’s jump in.

Here’s what this guide covers:

1. What Is a Misdiagnosis Claim?
2. Why Misdiagnosis Is More Common Than You Think
3. The 4 Elements Needed to Prove Negligence
4. Types of Misdiagnosis Cases Attorneys Handle
5. How a Misdiagnosis Attorney Builds Your Case

What Is a Misdiagnosis Claim?

A misdiagnosis claim is a type of medical malpractice case.

Medical malpractice occurs when a physician misdiagnoses a patient and the misdiagnosis causes injury. Simple enough, right? Wrong. It’s one of the most difficult types of personal injury lawsuits to win.

A misdiagnosis generally falls into three categories:

• Wrong diagnosis: The doctor identifies the wrong condition entirely.
• Delayed diagnosis: The right diagnosis is made, but way too late.
• Missed diagnosis: The doctor fails to diagnose any condition at all.

There are difficulties with each type. However they all require convincing proof that another doctor would have detected the issue.

That is where a knowledgeable Fort Lauderdale misdiagnosis attorney can help with building your case. An experienced misdiagnosis attorney understands what evidence needs to be obtained, what experts need to be consulted and how to prove negligence before a jury.

Without the right legal help, even the strongest case can fall apart.

Why Misdiagnosis Is More Common Than You Think

Most people assume misdiagnosis is rare.

It’s not.

A recent report by Johns Hopkins researchers estimates that diagnostic error causes death or permanent disability to 795,000 Americans each year. That’s like the population of an entire large city… every year.

It doesn’t stop there. Of the 130 million visits to ERs each year in America, approximately 7.4 million people are misdiagnosed. That’s about 1 in 18 patients discharged from an ER with an incorrect diagnosis.

Why does this keep happening?

There are a few common reasons:

• Doctors are rushed and don’t fully listen to patients
• Symptoms get dismissed or blamed on something else
• Critical tests aren’t ordered
• Test results get misread or lost in the shuffle

Doctors are human. They err. The issue is when errors reach the level of negligence and result in actual injury.

That’s the line a misdiagnosis attorney has to prove you crossed.

The 4 Elements Needed to Prove Negligence

Four elements must be proven by your attorney to win a misdiagnosis claim. Fail to prove one and the claim is lost.

Here’s what they are:

Duty of Care

Your lawyer must first establish that there was a doctor-patient relationship. This is typically straightforward. If you had an appointment, you were a patient. After that, the doctor owes you a legal duty of competent care.

Breach of Duty

The difficult part follows. Now your lawyer must demonstrate that the doctor didn’t meet the accepted “standard of care.” In other words, that another competent doctor would not have misdiagnosed you.

This usually requires medical expert witnesses to testify that the doctor fell short.

Causation

Then your lawyer must demonstrate that your misdiagnosis caused you injury. This is often where the real fight lies. The defense will argue that your condition would have gotten worse regardless.

Your lawyer needs to show a proper diagnosis would have led to better outcomes.

Damages

Lastly, you must prove actual damages. This would be medical bills, lost income, pain and suffering and long-term care. You do not have a case without actual damages.

Types of Misdiagnosis Cases Attorneys Handle

Not all misdiagnosis result in a medical malpractice lawsuit. However, these conditions are the ones that can be the most detrimental if missed.

The most common misdiagnosis cases include:

• Cancer: Failure to diagnose cancer is another common claim. By the time it’s discovered, the cancer has usually spread.
• Heart attacks: Especially in women, whose symptoms are often dismissed as anxiety.
• Strokes: Missing stroke symptoms can lead to permanent brain damage or death.
• Infections: Sepsis and meningitis can turn deadly in hours if missed.
• Blood clots: A missed clot that breaks off and travels to the lungs or brain can be fatal.

They each need to be treated differently under the law. A seasoned misdiagnosis lawyer understands how to approach each situation.

How a Misdiagnosis Attorney Builds Your Case

Developing a misdiagnosis case requires time, money, and expertise. Here’s how most lawyers do it.

Gathering Medical Records

Step one is obtaining all medical records associated with your case. This includes doctors notes, lab results, imaging reports, hospital records, etc.

Your lawyer will comb through these for proof of what the doctor knew (or should have known).

Hiring Medical Experts

You can’t win a misdiagnosis case without medical experts.

These physicians practice in the same field as the defendant. They testify regarding what should have occurred. Quality experts come with a price. However they are well worth the cost.

Calculating Your Damages

Your attorney will consult with financial experts, life care planners and economists to determine the full extent of your losses. They want to ensure that you are made whole again, not just for the easily calculable losses.

Negotiating and Litigating

The majority of misdiagnosis cases settle before trial. However your attorney must be prepared to try your case if the insurance company is acting unfairly.

A seasoned misdiagnosis attorney knows when to settle and when to fight. That only comes with experience.

Final Thoughts

Misdiagnosis is one of the most devastating things that can happen in healthcare.

It robs you of time. It robs you of health. And for hundreds of thousands of Americans every year, it takes their lives.

Have you been harmed by a misdiagnosis, delayed diagnosis, or failure to diagnose… DON’T WAIT. There are strict time limits for filing a lawsuit (known as statutes of limitations) that could destroy your claim before you realize it.

To quickly recap:

• Misdiagnosis means a wrong, delayed, or missed diagnosis
• Nearly 800,000 Americans are harmed by diagnostic errors each year
• Winning requires proving duty, breach, causation, and damages
• Cancer, heart attacks, and strokes are the most common claims
• A skilled attorney gathers records, hires experts, and builds your case

A competent misdiagnosis lawyer will advocate on your behalf to obtain the financial compensation you deserve. Don’t fight the insurance companies by yourself.

The right lawyer can make all the difference.