Everything You Need to Know About Misdiagnosis Lawsuits

Business lawyer working hard at office desk workplace with book and documents.

America has a misdiagnosis epidemic. 12 million Americans suffer from diagnostic errors every year. As many as 80,000 people die every year due to a misdiagnosis. 

But no one is helpless after a misdiagnosis. They can pursue misdiagnosis lawsuits once they know how they work. 

What are the different kinds of misdiagnosis lawsuits, and what is malpractice? What does someone need to prove in order to win their case? What should someone do after a misdiagnosis? 

Answer these questions and you can fight back after a significant medical error. Here is your quick guide. 

The Different Types of Misdiagnosis Lawsuits

Misdiagnosis cases can involve a few kinds of medical practices. Someone may be diagnosed with the wrong medical condition. They may have lupus, but a doctor diagnoses them with multiple sclerosis. 

A diagnosis may become delayed. A person with cancer does not know that they have cancer until their tumours have grown. 

A doctor may make a correct diagnosis. But a person may have two or more medical conditions at once. The treatment for one condition may cause the symptoms of the other condition to become worse. 

Some people have heard of malpractice. Malpractice lawsuits involve medical errors, which can include a misdiagnosis. Someone should look at different types of malpractice before they pursue a misdiagnosis case. 

Misdiagnosis Legal Options 

It is not a criminal offence for a doctor to misdiagnose a patient. But a person can pursue a civil lawsuit against a doctor for the misdiagnosis. 

Anyone who pursues a misdiagnosis lawsuit must prove several things. They may show that they had a relationship with their doctor, which involved the doctor giving care.

The doctor must have failed to live up to a good standard of care. The diagnosis must have caused a significant injury such as blood loss. The plaintiff must show a direct link between the diagnosis and the injury.  

What to Do After a Misdiagnosis 

A misdiagnosis can be traumatizing and disorientating. Anyone who experiences one should spend time recovering. The statute of limitations for medical malpractice lasts for years, so a person can take the time they need. 

Once they are ready to pursue a lawsuit, they should do so. They should gather all of their medical and financial paperwork. They should do some research and study the things to know about misdiagnosis lawsuits. 

It takes time for a misdiagnosis case to work its way through the court system. A person should be patient and they should focus on their recovery. 

The Essentials of Misdiagnosis Lawsuits

Anyone can start misdiagnosis lawsuits after a medical error. A doctor may have diagnosed them with the wrong medical condition. There may be nothing wrong with them, or something else may be going on. 

To win a suit, a plaintiff must show a significant injury from the misdiagnosis. There must be a direct and causal link between the two. 

Someone should take time recovering from the incident. They should then do their research on their own case. 

The law works best when you know how it works. Read more legal guides by following our coverage.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s