When something is “off” physically, such as an isolated pain or stomach distress, you’ll usually wait a few days to see if it will go away. If the problem persists, it’s time to see your doctor to find out what is going on. You’ll tell your doctor what you’re experiencing, and they’ll conduct an exam that can include tests, or perhaps they’ll be able to diagnose and prescribe a course of treatment without tests.
Either way, an accurate diagnosis is crucial for your well-being. What happens if the diagnosis is wrong?
If your pain or ailment worsens and causes further distress, you might be misdiagnosed. When a misdiagnosis leads to serious harm, it could be grounds for a medical malpractice claim. These are extremely complex claims that can result in serious consequences. This is why you need to get support from an experienced Chicago medical malpractice attorney as soon as possible.
The attorneys at Thomas Law Offices understand what it takes to prevail in a medical malpractice claim.
That begins with obtaining an affidavit of merit from an independent medical practitioner who will verify what happened and how it caused harm. It all starts with the diagnosis.
Common Types of Medical Misdiagnosis
According to a study published by BMJ Journals, 795,000 patients become permanently disabled or pass away because dangerous diseases are misdiagnosed. When moving forward with your claim, you must focus on the type of medical misdiagnosis you’ve endured. Which of the following would apply to your circumstances?
Wrong Diagnosis
A doctor can make a wrong diagnosis and prescribe treatment for an ailment their patient doesn’t have.
This can sometimes happen if the patient does not share all of their symptoms or if test results are misinterpreted. The challenge with a wrong diagnosis is that many diseases present with similar symptoms. If your doctor thinks it is one problem, but it’s really another problem, that might not qualify as a misdiagnosis.
Missed Diagnosis
“There’s nothing wrong.” That is the news everyone wants to hear from their doctor. However, the doctor could completely miss the root cause of the problem.
Delayed Diagnosis
A diagnosis can be accurate, but if it is presented late, it can lead to complications. A delayed diagnosis often occurs in an emergency room, where the doctor and staff might not be aware of the patient’s complete medical history. A delayed diagnosis can impede treatment for a heart attack or cancer diagnosis.
Failure to Recognize Complications or Related Disease
A doctor can make a correct diagnosis but fails to identify additional factors that can further complicate the disease. The doctor may also not recognize a related disease. For instance, they might diagnose a patient with neuropathy in their legs but miss the underlying cause of diabetes.
How Your Medical Malpractice Attorney Proves a Misdiagnosis
As you are dealing with the aftermath of a misdiagnosis, your medical malpractice attorney needs to establish the following four key elements in order to be successful:
Your Relationship with the Doctor
There has to be an established relationship between you and your doctor. This doesn’t mean a “history.”
In other words, the doctor you meet for the first time in the emergency room establishes a relationship when you ask for help in a professional setting.
Standard of Care
Once that relationship is established, you expect a standard of care from the doctor.
That standard is defined as the quality of care that you would get from any competent doctor. Part of that care means requesting the proper tests for the symptoms you present. They then have to conduct a thorough assessment of those symptoms and tests. In some instances, they might also consult with another doctor to support their diagnosis.
Breach of the Expected Care Level
When a doctor doesn’t meet the standards of care, that can be considered a breach, which is a form of negligence. This becomes the core issue of your malpractice claim.
Harm Was Caused
Finally, you have to prove that the breach of care directly caused you harm. That can manifest both physically and emotionally. Your doctor might misdiagnose your condition, but if a second doctor corrects the diagnosis and you are healed, there wouldn’t be a case. In extreme cases, a misdiagnosis could lead to a fatality. When that happens, the surviving family is entitled to seek a remedy.
Understanding Your Options to Pursue a Claim
If you feel that a doctor’s misdiagnosis has caused you harm, you’re entitled to seek a remedy.
That might require filing a civil complaint to pursue the matter in an open court. The attorneys at Thomas Law Offices understand the complexities of these claims and what is needed to help clients achieve the maximum benefits they are entitled to.
We provide guidance and support by explaining all the challenges and options. We want to ensure our clients have the information they need to make the right decisions about pursuing their claims.
That support begins with a free consultation. We want to hear what happened.
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