Customer Inquiry

Misdiagnosis as Medical Malpractice: Making a Case 

One of the most puzzling things to endure, is to receive a diagnosis, but no resulting relief. After some time trying to treat an injury or ailment, you might make a second trip to the doctor and realize that you received a misdiagnosis. As a result, you’ve spent months fighting the wrong issue, and now your current one has progressed. If you find yourself in this scenario, and now facing further medical intervention, you might be wondering how you can get those months of financial burden, and wrongful treatment, back. While no one can return your time and hurting, you can potentially file a medical malpractice suit against the doctor who worsened your condition.

Misdiagnosis as Medical Malpractice: Making a Case

These types of cases occur when a doctor fails to diagnose an injury, or fails to identify the correct one. Without a diagnosis, you cannot find relief or treatment to try and heal your injury. Therefore, in the time you are spending treating the wrong injury, or receiving no treatment at all, your condition can worsen.

Proving Your Case

In order to hold your doctor accountable, you must be able to prove your case in three ways.

A doctor-patient relationship existed. First, you must prove that a doctor-patient relationship existed. By that, you must have records of seeing this doctor on several occasions. In order to show that he had enough time to see you and treat your symptoms.

The negligence of the doctor. Another aspect you may need to prove is that your doctor was negligent. In short, this means he or she did not provide treatment in a suitable manner. This manner can mean that they do not provide the right treatment or within a timely manner.

Their negligence caused you injury. In the end, you must also be able to prove that their negligence caused you injury. By that, in not treating you, they made your symptoms worse or brought about a new problem.

Receiving Your Compensation

In the event that you suffered from this type of medical malpractice, you may be able to sue your doctor. Since you did not receive the treatment you needed to improve your health, your quality of life may suffer. Furthermore, you may endure lasting pain and other symptoms that require treatment or medication. Therefore, it is important for you to understand your rights and benefits.