What is Misdiagnosis?
Misdiagnosis is one of the most common claims for medical malpractice lawsuits. In these cases, the medical professional has failed to properly diagnose a patient with a condition that leads to further harm or death. Misdiagnosis can lead to the prescription of incorrect medications that cause harm to the patient rather than treat them in any way.
When choosing to pursue a misdiagnosis claim, the patient must provide the standard information for a medical malpractice lawsuit. The patient must give proof that the doctor was hired to treat him/her and that the diagnosis given, or failure to diagnose, caused harm or injury to the patient.
This type of case will also require the plaintiff to provide the standard of care for the type of condition they have to prove that there was negligence on the doctor’s part. Typically, this involves a specialist in the field related to the actual diagnosis testifying what tests should have been completed and when the proper diagnoses should have been decided.
Depending on the case and diagnosis, another possible explanation for misdiagnosis is faulty lab test or results. If the test was given at the wrong time or results were misinterpreted, the medical professionals involved could be held liable. However, the exception to this rule is for first responders or EMTs, who are immune to malpractice suits unless they act out of serious recklessness.
Have you been the victim of misdiagnosis or other medical malpractice? Call Rob Levine & Associates to speak with a medical malpractice lawyer who can guide you through the process of pursuing a medical malpractice lawsuit.