Need Legal Help for Your Business? Find It Here
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Need Legal Help for Your Business? Find It Here

When my husband I decided to start a business, we didn't think about the legal aspects of doing so. We didn't realize that purchasing business insurance, getting building permits and making investments all required some type of legal advice. But after speaking to a close friend, who also happens to own a small business, we contacted a business attorney. Now, we have the legal smarts to make the best decisions for our business, as well as the legal representation in case something happens to our company. I hope that you find my blog helpful and informative for your own business. It's a great resource for finding the legal advice, resources and guidance you need to get your company up and running.

Need Legal Help for Your Business? Find It Here

Everything A Doctor Says Is Not Always The Truth - Dealing With A Medical Misdiagnosis

Ronnie Mills

It seems like every few weeks, you hear about cases in which the doctors have misdiagnosed a patient. In some cases, the patients were diagnosed with diseases they did not have, and in other cases, the doctors failed to find diseases that were present. In both instances, patients were caused unnecessary mental anguish before the situation was resolved. In cases of medical misdiagnosis, patients experienced either too much treatment, the wrong treatment, or not enough treatment. Unfortunately, the unfavorable outcome of these types of cases can even result in death. If this has happened to you, or someone you know, contact a competent and knowledgeable attorney in the field. They will be able to assist you with the steps you need to take to prove your case.

What Is A Medical Misdiagnosis?

A medical misdiagnosis, or an incorrect medical diagnosis, can be the result of multiple errors within your physician's office. It can be a result of a diagnostic error, an inaccurate assessment of your condition, or even the failure to correctly relay a diagnosis. 

How Common Is It?

Medical misdiagnosis is more common than people think. CBS News reported, there are as many as 12 million adults who are misdiagnosed each year. These numbers break down showing you have approximately a 1 in 20 chance of receiving a misdiagnosis when you are seeking medical care. 

Other studies have shown you have a higher risk of being misdiagnosed in the Emergency Room than with your primary care physician. This is thought to be due to the time-critical nature of the diagnosis, which are often given under crisis-like conditions. It could also be contributed to your primary care physician having a better medical relationship with you, which gives them more of your medical history, 

In the Emergency Room, it is not uncommon for even serious conditions to be misdiagnosed. These include the following:

  • Heart Attacks
  • Strokes
  • Meningitis
  • Appendicitis
  • Various Cancers, as well as other life threatening conditions

The failure to diagnose these conditions can easily lead to death. Unfortunately, even though misdiagnosis is one of the leading causes of malpractice payouts, simply having a misdiagnosis is not always enough to prove you have a medical malpractice case. 

What Does It Take To Prove Your Medical Negligence Case?

If you file a medical malpractice case based on a misdiagnosis, the court will usually want you to be able to prove three things:

  • There was a doctor-patient relationship
  • The doctor was negligent in the treatment they provided, or did not provide
  • This negligence actually caused injury or harm

Being able to prove the latter two points can often be difficult. The courts are aware that even skilled doctors can make medical errors.

For your attorney to win your case, they will have to show that the doctor did not act competently in arriving at their diagnosis. This often involves showing what they did, or did not do, to make their decision. A key question that must often be answered, is what would another physician have diagnosed if presented with the same information your physician had. 

Your attorney will also have to show that the misdiagnosis actually caused you harm. This may be shown by many different means. They may have to show the misinformation from the doctor caused,

  • Your injury, or condition to worsen
  • Increased your chances of a recurrence of the disease
  • Caused you to have to undergo unnecessary treatments

Even if you have been diagnosed with a disease you do not have, your attorney may still be able to prove this has caused you anxiety, stress, missed time from work, as well as unnecessary expenses. 

For additional info, contact an attorney as soon as you know, or even suspect, you have been misdiagnosed. This will allow them to review your case and begin getting you a resolution as quickly as possible.