Health: Here’s Why You Can Sue A Doctor For Wrong Diagnosis The Silent Killer

Why You Can Sue A Doctor For Wrong Diagnosis

Many medical malpractice lawsuits are as a result of failure to diagnose an illness. Before we look into why you can sue a doctor for misdiagnosis, you need to understand that this is possible under the theory of medical negligence.

A doctor is expected to make a timely and accurate diagnosis of a harmful medical condition. However, due to a wrong diagnosis, a missed diagnosis, a delayed diagnosis, a patient can suffer severe bodily harm or even death.

However, before you set out to sue for wrong diagnosis, you need to be sure the doctor breached the applicable “medical standard of care”. It is very important to assess the situation to know if another similarly-trained doctor in the same medical community, would have been able to identify the health problem and in a shorter time period.

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Let us look at some common types of wrong diagnosis.

*** Heart attack — This is really tricky. It can be mistaken for panic attack or even indigestion.

*** Asthma — A lot of people suffer from this. If care isn’t taken, it could be mistaken as recurring bronchitis.

*** Lymph Node Inflammation: Doctors could mistake this for appendicitis

*** Cancer — misdiagnosis could cost patients precious time. It can be painful and lead to death. This is as a result of failure to perform a thorough and complete physical examination, not recognizing early warning signs and symptoms or Improper performance or interpretation of radiological or laboratory testing.

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*** Staph Infection may be misdiagnosed as common flu.

Medical Malpractice Lawsuits For Misdiagnosis/Wrong Diagnosis

When a decision is made to pursue a lawsuit over misdiagnosis, plaintiffs will have to follow the same procedure for proving medical malpractice as they would any other case. There has to be proof that the doctor failed to demonstrate the level of skill needed that an experienced doctor would have shown under the circumstances.

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Who Can Be Sued?

In most cases, your doctor only can be sued for wrong diagnosis. It is in only rare circumstances that other health care professionals are liable if their negligence caused or contributed to the patient’s harm. This includes lab technicians, nurses and any other specialists who may have seen the patient. The hospital where the doctor practices usually cannot be sued for harm caused by misdiagnosis. This is because a lot of doctors are not employees of the hospital but independent contractors.

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Reasons Why You Can Sue A Doctor For Wrong Diagnosis

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