Claiming Medical Malpractice When You Have Been Misdiagnosed

 Posted on March 14,2023 in Uncategorized

When you are experiencing health issues, you go to a doctor. You trust that doctor to examine you, take into consideration your symptoms and diagnose you so you can begin treating the issue. The key to getting the care that you need is being diagnosed correctly – which does not always happen. According to CBS News, some 12 million Americans seeking outpatient care are misdiagnosed each year, with around half of those misdiagnoses having the potential to cause severe harm to the patient. Being misdiagnosed not only leaves you without the proper care for your actual condition but could also cause you to receive treatment for conditions that you do not actually have, which can cause other health problems.

Misdiagnosis Claims

A misdiagnosis claim can actually take the form of three different types of medical malpractice behaviors:

  1. Missed Diagnosis: The doctor does not believe that there is anything wrong with the patient. The patient actually has a disease or condition but is not receiving treatment due to the lack of diagnosis.
  2. Delayed Diagnosis: A great amount of time passes between the patient’s original appointment for his or her symptoms and when the patient is correctly diagnosed. During the time passed, the patient may or may not have had missed or incorrect diagnoses, but proper treatment was not given in a timely manner.
  3. Incorrect Diagnosis: The doctor diagnoses the patient with a disease or condition that he or she does not actually have. The patient may have been given treatment that was inappropriate or that caused other adverse reactions. The patient also does not receive the proper treatment for his or her actual condition.

How to Succeed With a Misdiagnosis Medical Malpractice Claim

Every medical malpractice case must contain three elements in order to prevail. First, you must prove that the doctor violated the standard of care. Then, you must prove that you were injured because of that violation. Finally, you must prove that you suffered significant damages because of that injury.

In a misdiagnosis case, you must show that the doctor breached the standard of care by incorrectly diagnosing you, not diagnosing you at all or taking a significant amount of time to diagnose you correctly. Then, you must prove that you were injured because of this breach of the standard of care; if you did not suffer because of the misdiagnosis, you may not have a case. Lastly, you must prove that you suffered damages because of the injury, such as missed work, lost wages, pain and/or suffering.

Get Help From a Cook County Medical Malpractice Attorney

If you have suffered from a missed diagnosis, delayed diagnosis or incorrect diagnosis, you should call a skilled Orland Park, IL, medical malpractice lawyer right away. At the Fotopoulos Law Office, we understand how a misdiagnosis can affect your entire life. Let our compassionate team of attorneys help you fight for the compensation that you deserve. Call our office today at 708-942-8400 to schedule a free consultation.


What is Medical Malpractice?

12 million Americans misdiagnosed each year

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