When a patient discovers that a doctor failed to diagnose a serious health condition on time- which led to disastrous consequences for the patient-whether in the hospital or in the doctor’s chamber, the patient has the right to sue the doctor. The key consideration in a medical malpractice lawsuit related to misdiagnosis is whether there is an identifiable lack of qualification on the part of the doctor. Another angle may be "medical negligence." which can lead to more serious legal proceedings against the doctor.
The typical misdiagnosis scenarios
The usual misdiagnosis incidents involve one or more of the following factors:
· Failure to analyze patient symptoms or failure to follow up on reported symptoms
· A delayed diagnosis leading to serious health complications
· Failure to recommend accurate diagnostic tests for a particular health condition
· Incorrect interpretation of diagnostic test results
· Failure to consult with another specialist or physician when unsure
Statute of limitations in a misdiagnosis case
The "Statutes of Limitations" indicates the time period available to the effected patient to file the case. If the patient fails to file within the stipulated time period, he or she will lose all legal claims. The statute of limitations terms vary from one state to another, thus the first thing the victim needs to do is investigate about this statute
Pursuing lawsuits for misdiagnosis
For filing a lawsuit for misdiagnosis, the affected patient or in this case the plaintiff, will have to acquire and organize all the necessary paperwork before visiting a lawyer’s office. The logistic and evidentiary paperwork required for the medical malpractice case may be:
· Paperwork endorsing the doctor or the specialist’s medical qualifications
· The details of the medical organizations like hospitals, clinics, medical boards he or she is associated with.
· All evidentiary documents to prove the misdiagnosis incident if there was one incident. If a series of misdiagnosis incidents happen before the patient realizes the problem, then all the paperwork from beginning to end of that doctor’s consultation period should be included.
· If any complaint against the doctor has been submitted to a hospital, to a clinic’s administration, or to a group Chamber, then all those letters must be included.
· All supportive documents like prescriptions, diagnostic test results, x-rays, photos, scans, etc., should be included in the legal consultation file. Without these supportive documents, the patient cannot build a strong case of misdiagnosis leading to physical and emotional damage.
Who gets sued in a misdiagnosis case?
Unlike other medical malpractice cases, for misdiagnosis, the affected party can sue only the primary care giver or the physician responsible for the misdiagnosis. For misdiagnosis leading to health damage, a patient rarely gets the chance to sue other parties like a nurse, a lab technician, or a hospital in charge. Even medical facilities like hospitals or clinics cannot be held liable for a doctor’s misdiagnosis.
If you are a victim of misdiagnosis, do not waste time. Even if you do not have all the necessary paperwork today, call Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280 to get a free consultation about your case. The experienced medical-malpractice lawyers can evaluate your situation and advise you whether it is worth pursuing the case.
The first meeting is free! You never pay us until the end and that is when you are paid!