Can You Sue a Doctor for a Wrong Diagnosis? |Complete Guide|

This article is written by Sidra Rubab, a Benchmark School teacher. 

Yes, surely you can sue a doctor if a doctor gets your diagnosis wrong but to that, you need to know the limitations as well that have been explained in this article in detail.

The majority of health providers do their best to provide you with their highest care services but things invariably do not turn out to be all smooth. You are eligible for medical malpractice recovery in case of misdiagnosis poor medical care or any breach of patient-doctor secrecy. It is indeed appalling at the same time when you put your trust in a doctor and resultantly what you get is a fatal outcome of aversive results.

Misdiagnosis entails that an illness is not treated properly either based on an incorrect prognosis or a patient goes through a needless treatment. It can also relate to identifying complications that may involve a failure to diagnose all the existing conditions in a patient. Where a doctor might diagnose one condition fairly but fails to diagnose the other.

It is estimated that 40,000 to 80,000 deaths are reported annually in the USA because of misdiagnosis. As reported by BMJ Quality and safety that over about 12 million adults receive the wrong diagnosis who look for medical care. Additionally, it is disquieting indeed, that 98000 deaths have been reported which occur every year due to medical malpractice. In the USA, reports from 22 healthcare settings showed that diagnostic faults occurred over a wide range of illnesses, pulmonary embolism and drug reactions are the most common among them.

What are the Common Misdiagnosis?

Some illnesses mimic many of the symptoms of other diseases which leads to misdiagnosis. Some common misdiagnosis diseases reported in Florida are heart attack stroke cancer and aortic dissection. Several other misdiagnoses that have been misread by specialists are as follows.


How Much is the Net Expenditure on a Single Case?

The fee varies from lawyer to lawyer but the most common figure is 33 percent of the total settlement. Apart from attorney’s fees the expert witnesses in the case charge thousands of dollars to review and verify documents. Therefore, the cost might wind up to thousands of dollars. Nevertheless, there are numerous sites available on the internet which does not charge you anything on an initial basis, such as a site called Morgan and Morgan, which costs nothing to hire and only get paid if they win your case.

 

How to Get Registration General Process of Filing a Case?

Steps to start a medical malpractice case

So before starting any medical malpractice case you need to follow these guidelines for filing. The steps are as follows.

1. Contact the Medical Physician first.

Your aim to contact the doctor and develop an understanding of the wrong can be rectified. Usually, the medical providers willingly provide services free of cost to remedy the injury. 

 2 Contacting licensing Board

If the professional cannot mitigate the situation, then you may proceed with contacting the licensing board. These licensing boards will issue warnings to the required practitioner and will guide you to additional steps to be taken.

3 Filing a certificate of merit

A certificate of merit is necessary for many states to sign before starting a malpractice case. To file this one needs to contact another physician to review the records to confirm that injuries have resulted from unaccepted practices. In this way, your attorney will confirm that your case has been verified by a medical expert as well. 

What should be verified to sue a physician?

A medical malpractice lawsuit lets a misdiagnosis patient to strive for fairness. Moreover, an individual can have compensation for medical expenses, pain, suffering, and in the case of income-earners, reimbursement for lost earnings. However, doctors are not legally responsible for all diagnostic errors. One should demonstrate three things to triumph in a negligence claim dependent on a misdiagnosis.

 

  • A specialist persistent relationship existed with the patient. 
  • They did not give treatment in a sensibly dexterous and capable way. 
  • The specialist's carelessness made injury to the patient. 

It is very important to note that the misdiagnosis which has caused any harm to the patient is not regarded as malpractice until and unless the patient will prove the case with the help of his personal attorney. 

What are the Limitations in a misdiagnosis case?

In Georgia, filing a lawsuit on any medical malpractice, a victim has only a span of two years from the date of the harm. Additionally, a “statute of repose” has a total time limit of five years after the date of the occurrence that caused the injury.

The limitations vary from case to case diagnosis. For instance, the limitation for a cancer case is of two years from the date of the diagnosis. In any case, if there was no chance that the patient has become aware of the negligence at the hour of the treatment, then the legal time limit doesn't begin until the patient becomes aware. Yet another curve in the law: if a public worker, say, a specialist at a hospital in New Jersey, caused the injury, at that point a notification of case should be made in 90 days.

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