When patients are harmed by the actions or inactions of the healthcare professionals to which they have trusted their lives, it is called medical malpractice. Misdiagnosis and delayed diagnosis are examples of such medical malpractices.
Misdiagnosis is when a healthcare professional gives a wrong diagnosis of your ailment. So assuming a person was eventually discovered to be suffering from Tuberculosis and the doctor had wrongly diagnosed the condition as common cough, that’s misdiagnosis.
Delayed diagnosis on the other hand occurs when the doctor fails to give a diagnosis (doesn’t discover the ailment) or wastes time in giving a diagnosis such that the patient’s health is put at risk.
There are a number of factors believed to cause misdiagnosis or delayed diagnosis. Some of them include Negligence on the part of the healthcare professional and laziness. If you or any of your friends or family has suffered damages as a result of medical malpractice, you should not hesitate to contact a legal practitioner to guide you through the process of filing a medical malpractice claim. The Tinker Law Firm, a team of Seattle malpractice lawyers, has won over $1billion in settlements for its numerous clients over the years.
When Can You Sue for Misdiagnosis or Delayed Diagnosis?
There are a number of factors that would be taken into consideration before deciding if you can sue for misdiagnosis or not. For instance you cannot sue if:
a) Misdiagnosis was as a result of malfunctioning or faulty medical equipment.
b) The patient refused to reveal critical information that is believed would have been able to help the healthcare professional form an opinion.
c) Communication or language barriers between the healthcare professional and the patient.
d) The symptoms of the ailment were not consistent with universal diagnosis.
You can however sue for misdiagnosis or delayed diagnosis in cases whereby
a) The healthcare professional clearly failed to adhere to the necessary code of conducts.
b) The healthcare professional was negligent.
c) The healthcare professional was unable to deliver a routine medical action.
Why Should You Sue for Misdiagnosis or Delayed Diagnosis?
You have the right to ask for compensation in such cases because the consequences of an error in diagnosis are very serious and mostly fatal. If a person with a benign biopsied tumor is wrongly diagnosed as malignant for instance, they would have to go through strenuous medical procedures which may further affect their health and emotional wellbeing.
Misdiagnosis could also lead to a waste of financial resources, physical damage, or death.
Potential Complaints You Can File For
Some of the types of complaints you can file include:
a) Drug Errors: When the doctor prescribes the wrong kind of drug for your condition.
b) Inappropriate or Unwarranted Surgery: When unnecessary surgical procedures are carried out.
c) Unnecessary Treatment: When you are offered treatments and medical procedures that are not necessary.
D Premature Discharge or Incomplete Discharge Instructions: When the medical practitioner fails to give appropriate or complete instructions for discharge or when you are discharged from the hospital before you make full recovery.
How to Sue for Misdiagnosis or Delayed Diagnosis
1. Follow Due Process
There are some special requirements and procedures that need to be followed before you can file a claim, and they are:
a) The case must be filed soon after injury occurs. Most states allow for a period of six months to two years from when the incident occurred.
b) A lot of states would also require that you submit your claims to a malpractice review panel where the case would be reviewed and it would be decided if indeed medical malpractice had occurred.
c) You may also need to inform the doctor of your intention to file a malpractice case by giving them a special notice.
D You would also need a qualified expert to provide expert medical testimony
2. Engage the Services of Expert
When you have fulfilled the conditions above, you should then look for a reputable malpractice lawyer to represent you. Having a team of experienced legal professionals like The Tinker Law Firm represent you significantly increases your chances of winning compensation.
Bottom Line
Negligence and carelessness by a healthcare professional could jeopardize your health, cause you to lose money and could even lead to death. Don’t let it pass, let the Tinker Law Firm help you get compensation from that unprofessional doctor.