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Experiencing a medical misdiagnosis can be a devastating experience. You might be wondering about your legal options and whether you can sue for medical malpractice. In some cases, maybe you can.
Understanding Misdiagnosis and Its Impacts
Misdiagnosis occurs when a medical professional fails to correctly identify a patient’s condition, leading to incorrect, delayed, or no treatment. This can result in worsened health conditions, unnecessary procedures, and sometimes even fatal consequences. Common scenarios include:
- Diagnosing a patient with the wrong illness
- Failing to diagnose a serious condition
- Delaying a diagnosis that leads to a progression of the disease
Misdiagnosis not only affects physical health but can also cause significant emotional and financial strain.
Legal Grounds for a Medical Malpractice Claim
To sue for a misdiagnosis, you must establish that the healthcare provider was negligent and that that negligence caused you harm. Here are the elements critical to the claim:
- Doctor-Patient Relationship: This is typically straightforward, as it is established by seeking treatment from the healthcare provider.
- Negligence: The provider failed to deliver the standard of care expected in the medical community. Expert testimony is often used to establish what a similarly trained doctor would have done under similar circumstances.
- Causation: You must prove that this negligence directly caused your injury or worsened your condition, which requires detailed medical records and expert analysis.
- Losses: Finally, you need to show that the misdiagnosis caused specific losses, such as physical pain, mental anguish, additional medical bills, and lost earnings.
Steps to Filing a Medical Malpractice Claim
Understanding the essential steps required to file a claim can help demystify the process:
- Consult a Medical Malpractice Attorney: The first step is to consult with an attorney experienced in medical malpractice. They will evaluate your case, gather necessary evidence, and advise on the viability of your claim.
- Obtain Medical Records: Your attorney will request all relevant medical records to review the details of your treatment and the misdiagnosis.
- Get Expert Testimony: Expert witnesses, usually other medical professionals, will review your case and provide testimony on whether the standard of care was breached and how it caused your injury.
- File the Complaint: Your attorney will draft and file a complaint with the appropriate court. This document outlines your allegations against the healthcare provider and the compensation you seek.
- Discovery Process: During discovery, both sides exchange information and evidence related to the case.
- Settlement Negotiations: Many medical malpractice cases are settled out of court. Your attorney will negotiate with the defendant’s insurance company to reach a fair settlement. If a settlement cannot be reached, the case will proceed to trial.
- Trial: If the case goes to trial, your attorney will present evidence and expert testimony to prove your claim.
Challenges and Considerations
Medical malpractice cases, especially those involving misdiagnosis, can be challenging. They require extensive medical knowledge, expert witnesses, and detailed evidence. Additionally, New York has a specific statute of limitations for filing medical malpractice claims. This law typically allows two and a half years from the date of the misdiagnosis or from the end of continuous treatment for the same condition in which the injured party can file a lawsuit. For minors, the statutory period begins to run on their 18th birthday, with an overall limit of ten years from the date of the incident.
Call CDH Law PLLC About Your Medical Malpractice Case
If you’ve suffered harm due to a misdiagnosis, you may have legal recourse. CDH Law PLLC’s attorneys have a proven history of securing compensation for medical malpractice victims in Syracuse, NY. We can provide the support you need. Contact us online for a confidential consultation.