There is something extremely frightening about a delayed or misdiagnosis case because you could be missing out on the treatment you required. Misdiagnosis takes blatant actions one step further. For instance, imagine that a patient has a treatable form of cancer but, because their physician refused to send them for tests, they missed out on treatment options. Now, many years later, their cancer is no longer treatable. This is a large mistake, but a common one that you see occurring every year in a variety of healthcare facilities. Though it is an indirect failure to act, it still causes harm to the patient.
Can You Prove the Relationship?
One of the aspects that you need to prove in these cases is that you had a relationship with the physician who caused your injuries. This is a simple requirement to meet because as long as you were receiving treatment from someone, you probably have the right documentation. What if you saw multiple doctors? If you explained your symptoms and each one of these doctors did nothing to diagnose you, even waving off your concerns, you will be able to bring a claim about each physician that played any role.
From there, you will show that a doctor acted under the standard duty of care for their practice. Doctors act with negligence every year when they fail to provide you a quality of care that you deserve, especially when other doctors are practicing competently. Here is what the standard of care means in a misdiagnosis case: “How long would it have taken a reasonably competent doctor to properly diagnose you with your illness?” In many cases, this is not obvious, so you will have to introduce an expert witness to decide this. The expert witness will be somebody who specializes in the same type of field and offers an opinion on how long it should have taken this doctor to discover that you had a certain condition.
How to Support Your Claim
In order to support your claim, you will have to show that your medical condition was a direct result of the misdiagnosis. For instance, would the cancer have gotten worse if it had been diagnosed? In a lot cases, probably not if it was a treatable form of cancer and was caught early enough. You must be able to show that losses resulted from your claim. Some of the harms that are prevalent in these cases include pain and suffering, cost of medical bills that you incurred, loss of earning capacity when you can’t work anymore, and loss of ability to enjoy life. Perhaps you are suffering physically and emotionally due to your condition and knowing that your life will never be the same now that you have been misdiagnosed. This could give rise to many types of damages. Perhaps the missed diagnosis even led to the ongoing pain that will last the rest of your life.
You may even be able to receive punitive damages in these cases, which are damages meant to punish the doctor for their negligent actions. You want to be able to show any evidence of how your illness has had an effect on your life. If you aren’t able to recover, you won’t have a case.
Have you suffered harm due to the negligence of a physician who was supposed to treat you with standard care? Have you been misdiagnosed or sustained delayed diagnosis, only to find out that your condition has worsened? You may have a case. Call us at the Nye Law Group today, at 855-636-9277.