Medical Malpractice: Misdiagnosis and Improper Treatment
By Michael London on April 10, 2019
When people are suffering from illnesses, injuries, or other medical problems, they often go to the doctor to have the condition treated. But unfortunately, in some cases, medical professional misdiagnose your condition and prescribe improper treatment?
Medical malpractice is sub-standard medical care that leads to physical, emotional, or financial damages for a patient. When medical malpractice occurs, patients have a right to file a lawsuit to seek financial compensation for damages.
One of the most common forms of medical malpractice is misdiagnosis and improper treatment. The attorneys at Douglas & London provide legal representation to victims of medical malpractice. They understand the impact that medical malpractice involving misdiagnosis and improper treatment can have on our New York, NY clients.
When Can I Sue for Misdiagnosis or Improper Treatment?
Doctors are human and they are not expected to be perfect or correctly diagnose every condition. At the same time, this doesn’t excuse doctors or other medical professionals from providing care that falls below the medical standard.
The medical standard of care dictates that patients should expect the same level of care from any medical professional who is similarly trained and is presented with the same set of circumstances. So, essentially, if a doctor fails to diagnose or properly treat a condition that could have been identified by a similarly trained doctor, the patient may wish to pursue a medical malpractice lawsuit.
Proving Liability in a Medical Malpractice Case Involving Misdiagnosis
Our attorneys must be able to show that the doctor either failed to include the correct diagnosis as a potential condition when developing the differential diagnostic list (a list of potential conditions based on a patient’s symptoms), or that the doctor included the correct diagnosis on the differential diagnostic list, but failed to perform the diagnostic tests that would identify the condition.
If we are able to show that negligence contributed to the misdiagnosis or improper treatment, we must also show that the patient suffered as a result of the misdiagnosis.
Damages Caused by Misdiagnosis and Improper Treatment
The damages in a medical malpractice case involving misdiagnosis and improper treatment are unique to each situation. Misdiagnosis and mistreatment may lead to more serious illness or injury, unnecessarily harsh medical treatment, unnecessary surgery, the need for more aggressive treatments due to disease or illness progression, or even death.
In addition to the physical and emotional strain that misdiagnosis and improper treatment can put on the body, there are financial damages to consider. Prolonged hospital stays, repeated medical testing, and multiple treatments all increase the cost of medical care. Additionally, patients are likely to miss substantial time from work as they seek effective treatment.
Victims of medical malpractice have a right to seek financial compensation for the monetary and non-monetary damages related to misdiagnosis and improper treatment.
If you believe that you have been a victim of medical malpractice, you should contact us at your earliest convenience to learn more about your legal rights. Call (212) 566-7500 to schedule a personal consultation to discuss the details of your case with one of the attorneys at Douglas & London.
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