When a patient is harmed by a doctor, nurse, or other healthcare professional who fails to competently perform their duties and identify a concerning symptom or illness, then they may be able to receive compensation for their damages. If a misdiagnosis kept you from getting the right care you needed or worsened your health, then call Casey Law Co., LPA. We are ready to listen to you.
Filing Medical Malpractice Claim
In order to prove that you were a victim of medical malpractice you must be able to show:
- That there was an established medical professional-patient relationship
- That the medical professional was negligent
- That the medical professional’s negligence caused the injury
- And, finally, that the injury led to damages such as additional medical bills, physical and mental pain and suffering, lost work, and lost earning potential
Missed Diagnosis Versus Misdiagnosis
While the two sound very similar and both cause unnecessary suffering, they are actually different. In the case of a misdiagnosis, a patient has sought out medical care from a professional, who later provided the patient with the wrong diagnosis. In a missed diagnosis, the healthcare professional failed to notice that there was an abnormality or the symptoms of a condition that the patient had, and that any other doctor with their training would have noticed. Instead, the doctor tells the patient that there is nothing to worry about, leaving the patient vulnerable to continue developing the undiscovered and untreated condition.
Building Your Personal Injury Claim
When a doctor is evaluating a patient, they must get a thorough patient history, ask questions about symptoms, and order necessary and relevant laboratory or radiological tests. If they fail to perform these critical steps, such as not ordering the correct test or think of all the possible diagnoses, then the doctor may be said to be negligent or incompetent. To build your claim so that you can collect damages, your attorney will gather important records that document your complaints and symptoms.
Expert Medical Witnesses
Generally, an expert witness will need to be called in to testify on your behalf. They are usually physicians, pharmacists, surgeons, or other licensed healthcare practitioners whose expertise and experience qualify them to testify on a specific medical practice. They examine the facts of the case based on your medical records and patient history. They often prepare written statements, visual aids, or create models to help explain their arguments.
How An Attorney Can Help You
The laws regarding medical malpractice vary from state to state, which is why it’s important for you to hire an attorney in the state where you were injured. An example isOhio Senate Bill 203 (SB 203), otherwise known as Emily’s Law, which was signed into 2009 by Ohio Governor Ted Strickland. A misdiagnosis lawyer in Ohio will know how to proceed in your jurisdiction.
Filing a medical malpractice lawsuit is a daunting task and often feels like an uphill climb. A medical malpractice attorney with many years of experience is going to have the kind of compassion that you deserve and will be a trustworthy guide for you during this process. Armed with knowledge about the law and superior communication skills, your attorney will fight aggressively to make this as quick and smooth of a process for you. There are no fees or costs unless we win financial compensation for you, so give us a call today to set up your free consultation.