You trust your physician to provide expert service. Unfortunately, when a physician does not live up to that standard, it can have lasting negative effects.
A misdiagnosis claim may provide some recompense for the incident. If you are considering such a claim, there are a few important things you should know.
Types
There are different types of cases where misdiagnoses may occur. Some of the conditions that are commonly misdiagnosed include:
- Heart attacks or strokes
- Cancer
- Asthma
- Staph infections
- Lymph node inflammation
Though these are most common, it is not an exhaustive list. Also, there are some instances where other physicians are able to correct a misdiagnosis. If you suffer injuries or illness due to the initial misdiagnosis, you may still have a basis for a claim.
Responsible party
It is important that you target the appropriate party in a claim; not doing so may result in the court dismissing the case. Often, the attending physician who makes the misdiagnosis is the sole responsible party. Most physicians in hospitals or medical facilities work as contractors, so the facility is not liable for the physician’s mistakes. However, there are certain cases where other parties contributed to the misdiagnosis, such as medical assistants or a specialist who did not provide an appropriate level of care and expertise. In such instances, you may choose to include those parties in the suit.
Proof process
As with any medical malpractice claim, you must be able to provide proof. To accomplish this, you must show undue injury stemmed from the misdiagnosis, which a prudent physician would have avoided. Also, you must file the claim within the statute of limitations for the case, which is generally two-and-a-half years. It is important to note that in certain cases where the misdiagnosis is not discovered until years later, the statute of limitations may extend.