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Experiencing a medical misdiagnosis can be devastating. Instead of receiving the treatments you need, the underlying condition goes undetected and worsens. This may cause serious and perhaps irreversible health problems that might even threaten your life.
You might be wondering about your legal options and whether you can sue for medical malpractice. Depending on the circumstances in your case, you may be able to. It’s time to talk with the Syracuse, NY legal team at Carden Dotzler Hammond, PLLC.
What Is Considered a Misdiagnosis?
A 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 declining health conditions, unnecessary and sometimes risky medical procedures, and sometimes death. Common scenarios surrounding the misdiagnosis include:
- Diagnosing a patient with, and treating for, the wrong illness
- Failing to diagnose a more serious condition
- Failing to correctly diagnose the stage of a condition
- Delaying a diagnosis that allows the disease or condition to progress
Misdiagnosis not only affects physical health but can also cause significant emotional and financial strain. The patient and their family undergo the agony of knowing that the condition could have been detected and treated much earlier if the physician had been more competent.
Legal Grounds for a Medical Malpractice Claim
To sue for a misdiagnosis, the plaintiff must pursue a medical malpractice claim. This requires establishing that the healthcare provider was negligent and that the negligence caused harm to the patient. These are the elements that the patient must prove in Syracuse, NY:
- Duty of care: The doctor or facility must owe the patient a duty of care. This is typically established by proving that there was a doctor-patient relationship.
- Breach: This means the provider violated the above duty by negligently failing 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: The patient must prove that the breach directly caused their injury or aggravated their condition, which requires detailed medical records and expert analysis.
- Damages: Finally, the patient needs to show that the misdiagnosis caused specific losses, such as physical pain, mental anguish, additional medical bills, and lost earnings. These are known as damages, for which the patient will seek monetary compensation.
Steps to Filing a Medical Malpractice Lawsuit
Understanding the steps you will need to take to file a medical malpractice lawsuit can help you organize and prepare for the process:
Consult a Syracuse medical malpractice attorney
The first step is to consult with an attorney who is experienced with 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. These will prove vital in establishing the required elements of your claim.
Retain an expert witness
Expert witnesses, who are 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. Our firm has a reliable network of expert witnesses who can assist.
File the complaint
Your attorney will draft and file a complaint with the appropriate New York court. This document formally initiates the litigation, outlines your allegations against the healthcare provider, and sets forth the compensation you seek.
Conduct discovery
Discovery is the formal process by which parties to a civil lawsuit request and exchange relevant documents and information. Your attorney will help you send requests to the opposing party and respond to requests that you receive.
Engage in settlement negotiations
Many medical malpractice cases are settled out of court, saving time and hassle. Your attorney will negotiate with the defendant’s insurance company and lawyers to reach a fair settlement. If the parties cannot reach a settlement, 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 to a jury. Our team of dedicated litigators will seek the maximum compensation available under law and be ready to counter the defendant’s arguments.
Factors that Affect the Outcome of a Misdiagnosis Case
Every Syracuse, NY misdiagnosis lawsuit is different, and numerous factors will impact the outcome of your claim. Some examples include:
- The strength of the evidence: Well-documented cases that clearly demonstrate not only the misdiagnosis but its financial and personal impacts on the patient tend to yield better results. We use all available means to gather the evidence necessary to prove your claims.
- The severity of the plaintiff’s injuries: A more severe injury will result in substantial medical bills, lost wages and decreased earning capacity, disability, pain and suffering, and other long-term problems. These translate into stronger legal cases.
- The attitudes of the defendants and their insurers: If the defendant is cooperative and fair, a settlement is more likely. Meanwhile, the insurer is more likely to settle if it understands the strength of your case. On the other hand, refusal to accept blame or take the plaintiff seriously may push the matter to trial.
- The statute of limitations: New York has a deadline, known as a statute of limitations, for filing a medical malpractice lawsuit. With some exceptions, it is two and a half years from the date of the misdiagnosis or from the end of continuous treatment for the condition. If the statute of limitations is close to expiring in your case, the parties may be more motivated to settle.
How to Prepare for a Misdiagnosis Lawsuit
The plaintiff bears the burden of showing that a misdiagnosis occurred and that it meets the criteria of a New York medical malpractice claim. You can prepare for your case by:
- Taking action early: Although you may have plenty of time before the statute of limitations expires, the strongest cases are generally filed early. Evidence can be lost and memories can fade if you wait too long.
- Documenting your losses: Start gathering your medical records now, along with losses stemming from your medical problems such as missed time from work. This will save time and ensure you are not leaving anything out.
- Making notes about your personal experiences: Misdiagnosis cases are not just about financial consequences. Victims can seek compensation for decreased quality of life, emotional distress, pain and suffering, and other intangible losses. Start making notes about these now.
- Consulting experienced Syracuse legal counsel: You do not want just any law firm handling your misdiagnosis case. Your attorney should be knowledgeable about New York medical malpractice claims. That’s where CDH Law comes in.
To learn more about these lawsuits, connect with us today. We can review the details of your claim and discuss your legal options by scheduling a confidential consultation.