If you’ve been misdiagnosed by a medical professional, you may be wondering if you have any legal recourse. The answer depends on a number of factors, including the severity of the misdiagnosis and whether it led to any additional health problems. In some cases, you may be able to sue for medical malpractice. This is a type of negligence claim that alleges that the medical professional deviated from the accepted standard of care, resulting in harm to the patient. To win a medical malpractice case, you’ll need to show several things described below.
Duty
In order to prove that a doctor was negligent in their diagnosis, you will need to show that they owed you a duty of care. This means that they were required to provide you with a certain level of care and treatment, based on their expertise and training. If it can be shown that the doctor did not meet this duty of care, then they may be held liable for any resulting damages.
Breach of Duty
In addition to demonstrating that the doctor owed you a duty of care, you will also need to show that their actions fell below the accepted standard of care. The standard of care is what a reasonably prudent doctor would have done in a similar situation. If it can be shown that the doctor’s actions did not meet this standard, then they may be held liable for any resulting damages.
Damages
There are a few different types of damages that may be available to someone who has been the victim of medical malpractice. These include economic damages, which cover things like lost wages and medical bills, and non-economic damages, which encompass things like pain and suffering. In some cases, punitive damages may also be awarded in order to punish the negligent party and deter future misconduct.
Causation
There are many factors that can contribute to a misdiagnosis, and it can be difficult to determine causation in these cases. However, if you believe that you or a loved one has been the victim of medical malpractice due to a misdiagnosis, it is important to speak with an attorney who can help investigate the matter and determine if you have a claim. Misdiagnoses can occur for a variety of reasons, including doctor error, failure to order appropriate testing, or misinterpretation of test results. In some cases, more than one factor may contribute to a misdiagnosis. Determining causation can be complex, but an experienced attorney will know how to investigate the facts of your case and build a strong argument.
Experienced Medical Malpractice Attorney
If you’re considering taking legal action after a misdiagnosis, it’s important to speak with an attorney who specializes in this area of law. They can evaluate your case and let you know your legal possibilities. Adam Miller, The Texas Bulldog, has extensive experience in Medical Malpractice cases and can help you if you have been injured by a doctor/hospital.
In the state of Texas, the statute of limitations for medical malpractice is generally two years from the date of the alleged negligence. Don’t wait to talk to an attorney. The Miller Law Firm works on a contingency fee, which means we don’t get paid unless you get paid. Call now for a free, no-obligation case review at 713-572-3333.
