I Was Misdiagnosed Can I Sue?
The answer to that question is as always… “it depends.” It’s not that we are dodging the answer or avoiding a definitive yes or no, it’s just that, in our years of experience helping our clients, our first goal is to learn more about them and why they are coming to us for help. Now sure, anyone can file suit against another person, but that can get expensive and without a valid medical claim of some kind the suit would get dismissed. In reality, a good lawyer won’t accept a case unless it presents a modicum of truth.
When it comes to a medical misdiagnosis it’s the patient who is injured due to unnecessary treatment or testing by a physician. And in some cases that misdiagnosis could lead to the patient’s death. For those wronged, the only recourse is to seek compensation for their physical, emotional and financial harm.
If you or a loved one is injured due to the errors caused by a physician, a medical malpractice lawyer will look at how the physician diagnosed (or in most cases misdiagnosed) you to determine if your case has merit.
How We Evaluate Your Misdiagnosis Claim…
Unnecessary Testing – this occurs when a doctor tells the patient they have a condition that, in reality, they don’t have but causes the patient to undergo extensive, unnecessary and potentially harmful medical testing and procedures.
Failure To Diagnose – this occurs when a doctor fails to properly diagnose a symptom that actually exists, as a result the patient’s condition may deteriorate causing undue stress and financial burden.
Refraining From Making A Decision – this occurs when a doctor refrains from making a definite diagnosis due to inconclusive test results.
Most claims fall under the middle classification of Failure to Diagnose. And it’s those failures that lead to injury or death. Those failures include…
· Failure to conduct a comprehensive examination.
· Failure to thoroughly review the patient’s medical history.
· Failure to order an X-ray, MRI or other diagnostic test.
· Failure to ensure diagnostic equipment is working properly.
· Failure to correctly interpret diagnostic results.
· Failure to communicate effectively with the patient.
· Failure to recognize the medical condition.
When medical professionals fail to properly diagnose or fail to defer to another more experienced doctor or specialist they then put the patient at risk and open the door for a medical malpractice injury lawsuit. Unfortunately, physicians and hospitals rarely admit mistakes. Even in cases that seem to be clear cut, you can expect a defendant to fight any claim of wrongdoing. The challenges these cases present are many and varied and our team will work aggressively to overcome them. We also have experts at our disposal to help get to the truth of what happened. Our experienced injury attorneys are skilled at working to secure favorable settlements and jury awards if settlement is not possible.
The law involving medical malpractice is designed to protect patients’ rights to compensation if they are injured as the result of negligence. But malpractice suits are rarely simple, and they are costly to fight. Sometimes the time and money needed to pursue compensation for an injury that is minor or heals quickly should not be spent. If you believe you have a medical malpractice claim, it is important to consult with an attorney who can help you determine whether your claim should be pursued.
The Law Offices of David W. Holub, P.C., strive to represent each client aggressively and to obtain prompt and favorable results. We not only aggressively pursue our client’s best interests, but we remain accessible and attentive to our client’s needs.
The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends.
If you’ve been injured and are looking for answers we invite you to make use of the information on our website, and to call our law office at (219) 736-9700 to schedule a time to talk directly to us and see firsthand if we are the right law firm for you.
If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win” an entertaining and enlightening book pulling readers into the courtroom giving them a glimpse of the legal process and what it takes to win at trial.