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Can You Sue the Doctor Who Misdiagnosed You?


Misdiagnosis is a fairly common problem and, unfortunately, can cause serious, even fatal issues for a patient. If your doctor delayed a diagnosis or failed to make an accurate diagnosis of a harmful medical condition, you may be able to sue him or her for medical malpractice. If you are able to prove that a doctor with similar training in the same medical community would have identified the problem accurately or within a shorter period of time, you could be entitled to fair compensation for your pain and suffering and the costs associated with the harm your doctor caused you.

Common Types of Misdiagnosis

Any condition can potentially be diagnosed incorrectly, but some are more prone to this than others and, as such, occur more frequently. Some of the most common types of misdiagnosis include:

  • Asthma
  • Cancer
  • Heart attack
  • Lymph node inflammation
  • Stroke
  • Staph infection

A misdiagnosis for many of these conditions can either lead to painful and unnecessary treatments, or the lack of proper treatment, which can cause the condition to worsen. Many of these misdiagnoses are caused by:

  • Failure to screen for a medical condition
  • Failure to refer the patient to a proper specialist
  • Misinterpreting lab results
  • Misreading radiology images
  • Failure to adequately consult with a patient regarding his or her symptoms
  • Failure to follow-up and investigate the potential causes of symptoms the patient reported

Medical Malpractice and Misdiagnosis

Generally, a patient will likely only be able to file a lawsuit against the doctor who misdiagnosed the condition. In some cases, it is possible that other health care professionals can be held liable if their negligence also contributed to the harm caused by the misdiagnosis. This includes nurses, lab technicians, or other specialists who might have played a role in the events that led to the delayed diagnosis or misdiagnosis.

If you believe you were harmed by a health care provider’s failure to diagnose you properly or timely, you should consult with a medical malpractice attorney as soon as possible. He or she will be expected to prove that your doctor not only failed to make the right diagnosis, but that this failure caused you harm. A misdiagnosis or a delay in diagnosis can cause a vast range of problems, which include:

  • An exposure to much more aggressive treatment than what would have been necessary if the condition were diagnosed in a timely manner
  • Needless exposure to harmful courses of treatment, including radiation or chemotherapy
  • Unnecessary surgical procedures that result in scarring or even disfigurement
  • An increased likelihood of complications
  • An increased likelihood of death

Medical Malpractice Attorneys in Weston

Delayed diagnosis and misdiagnosis are both serious errors that can lead to severe injuries, including the progression of cancer or death. If you were injured because your doctor did not properly diagnose you, you need a skilled medical malpractice attorney in Weston to effectively represent you and ensure you receive the compensation you need and deserve during this difficult time. At Rash Mueller, our Weston legal team is backed by 25 years of experience and have secured millions of dollars in settlements on behalf of our clients. We would be honored to do the same for you.

For the skilled legal help you deserve, contact our firm today at (954) 914-7116 to schedule a free case evaluation. You will not owe us any legal fees if we cannot win your case!

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