Avoiding Legal Trouble

How To Sue Your Doctor For Misdiagnosis

Medical misdiagnosis accounts for 15% of patient suffering according to the Journal of the American Medical Association. A wrongful diagnosis can cause needless suffering and death of a patient. However, a misdiagnosis or delayed diagnosis is not always a case of medical malpractice. Here are some tips on how to prove wrongful diagnosis:

Determine If the Doctor Made a Diagnostic Mistake

In order to file a claim, you must determine if the doctor was negligent and made a diagnostic mistake. Even skilled doctors can make mistakes diagnosing and treating certain conditions. Doctors use a method called "differential diagnosing" when treating or diagnosis conditions and diseases.

They analyze the patient and list possible results. They ask the patient questions and ordering tests to rule out each possibility. You have to prove the following elements to have a case: 

  • The doctor did not follow the standard of care required for your condition.
  •  It caused you injury or made the condition worse which would have been avoided with proper diagnosis.
  • You had a relationship with the doctor.
  • The doctor had the correct result, but failed to administer proper testing or didn't recommend a specialist.
  •  The doctor failed to include the right result on the list that a competent doctor should not have missed.

Errors can occur with equipment, contaminated samples, misread lab results, or from a mix up of samples. This would mean someone other than the doctor is responsible like a nurse or lab technician. You can't sue a hospital unless the attending medical professionals are employees.

Get Medical Treatment From Another Doctor

Seeking medical treatment from another doctor is essential to prove your case. The doctor should be able to treat your specific condition. Forward your medical records and inform them of the mistake. Explain how you felt before and after treatment from your previous doctor. Be as detailed as possible.

Know the Statute of Limitations for Filing Medical Malpractice Claims

Each state has restrictions on when to file medical malpractice claims. In most states, you have two years from the date the misdiagnosis occurred. In Minnesota, you have four years. You have one year to file a claim in California, Kentucky, Louisiana, and Ohio. The statute of limitations may be waived if you did not know or you were not expected to know of the harm.

Doctors vow to first do no harm.You have the right to quality care. If your doctor has been negligent, you can pursue  a medical malpractice case. Medical misdiagnosis cases should be handled by an attorney. To learn more, contact a company like Davidson Law Center Inc.