Legal protections for victims of misdiagnosis

Legal protections for victims of misdiagnosis

| Aug 17, 2020 | Firm News |

Misdiagnosis can take several different forms, including a failure to diagnose, delayed diagnosis or erroneous diagnosis. All can have significant consequences for victims who should be familiar with how medical malpractice legal remedies can protect them.

What does misdiagnosis refer to?

Medical misdiagnosis can occur in a number of ways if a medical care provider fails to correctly diagnose and treat the victim’s medical condition. A misdiagnosis, delayed diagnosis or failed diagnosis can all result in the worsening of the victim’s medical condition. Additionally, it may result in erroneous treatment which can also harm the victim. In general, if the victim experiences disease progression beyond what would have been expected had the medical condition been properly and timely diagnosed and treated, they may have a claim for damages.

What is medical malpractice?

Medical malpractice, or medical negligence, occurs when the medical care provider renders medical care or treatment that falls below the standard of care. The standard of care is usually defined as what a reasonably prudent medical care provider in similar circumstances would do. It is important for the medical care provider to listen to the patient’s symptoms, collect and review their medical history and ensure the appropriate testing is ordered and correctly interpreted.

Who is to blame for medical negligence?

Medical care providers can all be liable for medical negligence. Doctors, nurses, surgeons, anesthesiologists, hospitals and other medical care providers may all be liable for medical malpractice based on the situation and circumstances.

What can victims do about medical malpractice?

A claim for medical malpractice can help victims hold negligent medical care providers accountable and also help them recover compensation for their physical, financial and emotional damages associated with the negligent medical care or treatment they received.

Medical malpractice can leave victims feeling let down by those they trusted which is why legal resources are in place to protect victims. Both victims and their families should be familiar with what they are and how a medical malpractice claim may help.