When people get sick, it is expected that doctors correctly diagnose illness. However, not all doctors are good at diagnosing disease. Misdiagnosis can result in delays and improper care that makes things worse. If a misdiagnosis kept you from getting the care you needed or worsened your health, call us. Our team is ready to listen and help.
Filing Medical Malpractice Claim
To prove you were a victim of medical malpractice, you must show:
- There was an established medical professional-patient relationship
- The medical professional was negligent
- The medical professional’s negligence caused injury or death
- And, finally, 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
Misdiagnosis is caused by a doctor who has all the information and makes a wrong diagnosis. A missed diagnosis is a doctor who has all the information and fails to make a diagnosis. While the two sound very similar and both cause unnecessary suffering, they are different in the eyes of the law. However, in either situation, the patient is left vulnerable and may have a viable personal injury case.
Building Your Personal Injury Claim
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
Medical malpractice cases almost always require expert testimony. Experts 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 models to explain what happened, why it happened, and how medical malpractice is responsible for what happened.
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 is Ohio 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.