Can You Sue a Doctor For Wrong Diagnosis? - King Feed

Can You Sue a Doctor For Wrong Diagnosis?

Trusting your doctors' diagnosis should always be the standard, but sometimes that may not be the case and could even cost a patient's life or their health. Is it possible to Sue a doctor for misdiagnosis? Probably yes. Here's how.


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In the legal world, a wrong diagnosis is usually referred to as "misdiagnosis" and is part of the legal field called "medical malpractice".

This type of legal area falls under the personal injury law and most of the times could be a civil case, not a criminal case unless there is a death involves which can have some criminal case elements.



What is a Wrong Diagnosis?
When a doctor diagnoses your injury or sickness and guess wrong or misread any test results or analysis, this will probably make your medical condition worse b) delay your correct diagnosis and therefore treatment, which could have the unfortunate result of c) more harm to you or even death, which in legal cases is referred to as " wrongful death".

Misdiagnosis could also be called when and if your doctor fails to give you any diagnosis at all. These situations stated above violate the "medical standard of care" that you should expect and that a medical professional should offer. It can be considered medical negligence that the doctor fails to assist you.

For any court case to be considered a case, the misdiagnosis must have caused an injury or death of someone in order for you to be able to sue a doctor for wrong diagnosis.

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What are the most common misdiagnoses?
Some of the most common misdiagnoses include:
1. Asthma - Usually misdiagnosed as recurring bronchitis
2. Heart Attack - Usually misdiagnosed as indigestion or a panic attack.
3. Parkinson's - Usually misdiagnosed as Alzheimer's, stroke or simple stress. 
4. Lupus - Usually misdiagnosed as chronic fatigue syndrome, fibromyalgia, or rheumatoid arthritis
5. Lyme Disease - misdiagnosed as the flu, mononucleosis or depression



What should you do If you think you have been misdiagnosed?
Don't panic. Make sure you get all the details right for your diagnosis before you come to a conclusion. Medical malpractice cases that involve a misdiagnosis or delayed diagnosis are more common than you might think. 

You can also try to get a second opinion from another doctor if you are able to and want to, before you begin to take any legal action.

You should find a trusted law firm with an experienced medical malpractice lawyer.

Gather all paperwork available and any evidence that could prove your doctor's negligence. The attorney should be able to guide you through all the necessary steps to make sure you get everything done correctly. Good luck.




This is not professional legal advice from a lawyer. You can find a professional law firm here
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