This post was most recently updated on June 23rd, 2020
Can you sue a doctor for wrong diagnosis? Lets assume that you had a health condition that got worsen with the doctor’s diagnosis and treatment. Can you sue that doctor? Wrong diagnosis what next?
In this article, I wrote down statements to support both the doctor’s and the patient’s welfare. That is, the blame can go either to the doctor’s or the patient’s.
Has the doctor breached the medical standard of care? Patients can pursue a legal suit against a medical practitioner when certain terms and conditions of medical practices are compromised.
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There are a lot of common medical misdiagnosis and malpractice, but what should be done when you noticed a medical negligence that resulted into lost of a loved one or a worsen health problem.
Some medical mistakes are very rare. You can imagine an instance in which a surgeon left a surgical instrument in the abdomen of a patient’s body.
When a physical diagnosis led to delayed treatment or no treatment whatsoever, the patient’s health condition will worsen, if not very fast.
Medical cases are complex and the juries may not like to penalize doctors, so you need to understand the depths of the issue before going for any law suit.
Medical mistakes are difficult and expensive, even in law courts. It is very challenging. Doctors can make mistakes. They are not angels or spirits and sometimes what they do are just mere mistakes that any one can do, even the most intelligent.
The doctor is not responsible for the illness, therefore, care should be taken when fixing a law suit against him/her.
You need to look at whether the doctor has the duty to care for you, he/she violated the medical standard of care and these caused you more damage.
If a doctor’s delay caused more problems, you must be able to show this with evidence.
For example, a lady with symptoms of cancer approached a doctor, and he/she did not do all the required test on her but let her go. Assuming that after a long time, she lost that breast or dies, that is a case of misdiagnosis or wrong diagnosis.
In cases like that, it is recommended that the patient should consult another doctor in another hospital before filing a law suit.
Health issues and misdiagnosis
Medicine is a great science but not 100% efficient and perfect with some cases.what worked well for a sick patient may not work for another patient.
Most times the diagnosis can be correct, but sometimes it can be wrong.
Some illness takes months or years to fully diagnose. Who is to be blamed when the doctor tells you “A”, then after ten months, he says “B.
In most cases, it not about the doctor but the patients and the nature of their illness.
Some patients do forget the medical advice that the doctor gave, and after a long time, the condition worsens.
Its not about suing a doctor, there should be enough accepted evidence to support your claims to avoid spending too much money on legal issues.
Another area to consider is, when the doctor misdiagnose your condition, was it from something ignored? Were you harmed by the wrong treatment? Did the treatment make the condition worse or unbearable.
What doctors do
Doctors can sometimes ignore a minor health issues to focus on the emergency health issues, in the process, after a long time, the disease can deteriorate to something worse. The doctor failed to do the right thing at the right time, and it injured you.
There are certain health conditions that requires you to take multiple drugs for treatment, but still; there are certain diseases that will worsen when you combine multiple drugs for treatment.
It may be recommended to treat each disease separately, consult another doctor, try another drug or alternate medicine can be applied.
These drugs could mix to form something toxic. In this case, the illnesses can be treated singly, although recovery time would be long.
Note: anything that enters into the body, be it food, drug, air or water, have effects in the body system, which may be good or bad. Although, some of the effects are not seen and felt until after some days.
Are you a victim of medical malpractice? An Attorney can advise you on what to do. Sometimes, lawsuits don’t always go well.
A patient can pick up the case by filling a medical malpractice lawsuits, but there are a lot of terms and conditions involved.
Common types of misdiagnosis
Some of the most common types of misdiagnosis are cancer, stroke, heart attack, asthma, lymph nodes, inflammation etc.
These health conditions have symptoms that can be mistaken for something else. This may lead to the death of the patient when the conditions worsens.
When a medical personnel fails to correctly interpret laboratory test, screens for a particular suspected illness, refer the patient to another hospital or doctor, and fails to properly investigate the symptoms to know what’s up, it can lead to misdiagnosis or medical malpractice.
A doctor who fails in this category has failed to show forth his skills by saving a patient’s life. Cases like this can lead to stories that touches the heart, because certain diseases are deadly, they kill humans very fast.
Medical misdiagnosis can lead to health complications, unnecessary surgical operations, too many drugs ingested, more aggressive treatment and even death.
Wrong diagnosis, what next?
Suing a doctor can be necessary but must be in line with the state laws.
For example, assuming a patient was diagnosed of an illness that was not in the patient’s body and treatment was given. The illness will either worsen or the treatment given will result into another problem.
Sometimes, you can’t blame a medical personnel for wrong diagnosis because, certain diseases do resist the treatment given.
A diagnostic mistake does not necessarily constitute a medical malpractice, a lot of other issues needs to be proven first.
How close is the patient to the doctor?
The most important work of a doctor is to accurately diagnose a patient’s health condition. Medical advise depends on the accuracy of the diagnosis. In the case of a misdiagnosis or wrong diagnosis, the doctor is liable for malpractice.
Another problem may arise when a patient receives a wrong treatment, even after a misdiagnosis.
Such a patient may miss chances of a better and successful improvement and healing.
A medical malpractice lawsuits helps a victim of misdiagnosis to be compensated.
Some laboratory test can suggest that a patient has a disease that he does not have, and this can lead to wrong diagnosis.
Doctors owe a duty of care to each of his/her patients. When the doctor’s treatment fails to meet the minimum professional standard, that doctor has breached the duty of care.
There is no medical misdiagnosis, until the misdiagnosis cause an injury or harm.
The doctor’s Insurance company may contact you after filling a medical malpractice lawsuit. It is recommended that you refer the company to your attorney.
In most cases, the lawyer may try to settle the case out of court.
If a patient, who was a victim of misdiagnosis can prove his/her claims, there are compensations that would be offered to the victim.
Check out this wrong diagnosis forum
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Dickson Pentecost is passionate about inspiring people. He want to see people live life to a shout out, manage stress, make money, stay healthy, enjoy their relationship and be productive in life.