Can You Sue A Doctor For A Misdiagnosis?
If you've been misdiagnosed, you have a legal right to sue. Though such lawsuits aren't always straightforward, an experienced personal injury lawyer can help you navigate the complex waters.
You need to consider a few things before you sue your doctor for a wrong diagnosis. Here's what you should know about this legal recourse.
When Is Misdiagnosis a Medical Malpractice?
Not every wrong diagnosis is grounds for a medical malpractice lawsuit. To fie a valid case, you have to prove that your doctor's negligence caused you harm.
There are three elements of proof that are needed in any malpractice case:
- Duty of care. The doctor had an obligation to provide you with a certain level of care.
- Breach of duty. The doctor failed to meet the accepted standard of care.
- Harm is done. As a result of the breach, you suffered harm.
You may have a valid medical malpractice case if you can prove all three elements. To build a strong case, you will need irrefutable evidence to back up your claim. Your lawyer could use medical records, expert testimony, and eyewitness accounts to support your case.
What Are Your Legal Options After a Misdiagnosis?
If a doctor has misdiagnosed you, you also need to understand your legal options.
You can file a lawsuit against the doctor who misdiagnosed you. You might also have grounds to file a lawsuit against the hospital or clinic where the doctor works. But you'd need to prove that the hospital failed to provide a doctor who meets the accepted standard of care.
What Can You Recover in a Misdiagnosis Lawsuit?
If you are successful in your misdiagnosis lawsuit, you may be able to recover economic and non-economic damages. Depending on your case, you could receive compensation for the following:
- Your medical expenses
- Lost wages
- Emotional distress
What Are the Challenges of a Misdiagnosis Lawsuit?
There are a few challenges that you may face if you decide to sue for misdiagnosis. For instance, in some states, you have two years from the date of the misdiagnosis to file a lawsuit.
Additionally, medical malpractice cases are notoriously complex. You should be prepared for a legal battle that could take months or even years to settle. The defendant will likely fight off every allegation and try to prove that they met the accepted standard of care.
Contact a personal injury lawyer in your area for more information.