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How Do I Know If I Have A Medical Misdiagnosis Claim?

How Do I Know If I Have a Medical Misdiagnosis Claim?

We trust doctors to provide responsible, compassionate treatment when we are injured or ill. When they make a mistake, however, it’s the patient who pays the price. A misdiagnosis can cause a patient’s condition to worsen or could even prove to be fatal. But not every misdiagnosis will rise to the level of a medical misdiagnosis claim. So, how do you know whether you have the right to take legal action?

Standards of Care Matter

As part of a medical misdiagnosis claim, you’ll need to show that the doctor in your case failed to meet the applicable medical standards of care, and that you were harmed because of it. The medical standard of care is generally defined as the level of care that a reasonably competent healthcare professional with a similar background would have provided if they were treating a patient under similar circumstances to your own.

So, you must prove not only that your doctor was negligent, you must show that they provided sub-standard care. That can be more complicated than it sounds. When it comes to healthcare, perfection isn’t possible. Complicated conditions, injuries, and medications can all create problems that can confuse even seasoned doctors.

What Evidence Is Used to Prove a Misdiagnosis?

The fact is, there’s a lot involved in proving a misdiagnosis. That’s because diagnosing medical issues is part science and part art. While doctors have years of training and experience in diagnosing medical issues, even the best doctors can make mistakes. It’s a known problem that can lead to lasting injuries for you.

Medical expert testimony, medical board reviews, and health records may all be involved in proving a misdiagnosis claim. So, if you need to bring a claim of this sort, talk with an experienced medical malpractice lawyer. They can let you know exactly what you may need to support your case.

How Do I Prove I’ve Been Harmed?

Medical bills, records about lost wages and impact on your earnings, and information about any pain and suffering you’ve gone through may all come into play to prove you’ve suffered an injury as a result of the misdiagnosis. As part of a misdiagnosis claim, you’ll need to have a clear record of how the misdiagnosis has impacted your life, so keep copies of everything that could be relevant.

What Are the Most Common Misdiagnoses?

Medical misdiagnoses can happen in any medical field. That’s because there are thousands of diseases and conditions that could be involved. But according to Johns Hopkins, medical misdiagnoses are particularly common in cases involving:

  • Diagnosing cancer is extraordinarily difficult, but a misdiagnosis can cost you everything.
  • Vascular events. Heart attacks, strokes, and other serious problems can result if a doctor misdiagnoses a vascular condition.
  • Modern medicine can treat many infections with antibiotics and antiviral therapies. But if doctors misdiagnose the problem, you may not receive the care you need.

In fact, these three categories make up approximately half of the misdiagnoses that doctors give. And when these serious conditions are ignored or misdiagnosed, your health and your life could be at risk.

Get in Touch with a Medical Malpractice Lawyer Today

If you believe you’ve suffered because a doctor misdiagnosed you, contact the Virginia Beach medical malpractice attorneys at The Law Firm of Carlton F. Bennett, P.L.L.C, now. With years of experience advocating for injured patients, we’re ready to help. We’ll help you seek the full compensation you need to cover your losses and pain and suffering so that you can move forward.

For your free consultation, get in touch today. Call us at (757) 260-3675, fill out a contact form, or chat with us live today. We’ll review the circumstances of your case in detail and help you understand your legal rights and options.


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Carlton F. Bennett Mr. Bennett is recognized as an expert in traumatic brain damage litigation, nursing home malpractice, and wrongful death cases. He has obtained numerous multi-million dollar settlements and verdicts for traumatic brain injury survivors, and other cases involving serious injuries.
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