How to Sue for Medical Misdiagnosis

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Your ability to sue a physician will be based on the circumstances related to your case, and a number of medical malpractice lawsuits are initiated because of misdiagnosis of a particular disease or condition. Such lawsuits are often related to appendicitis, heart attack, lung cancer, colorectal cancer or breast cancer.

Who can be sued

In addition to the primary care physician, any healthcare professional involved in your treatment or care can be sued, including nurses, specialists, the hospital, laboratories, hospital staff, medical practices of the surgeons, specialists, surgical staff, and the primary care physician. In most of these cases, the allegation of misdiagnosis is related to faulty diagnostic testing or a delayed diagnosis.

Misdiagnosis may also be the result of:

lack of screening for a specific medical condition,lack of referral to a specialist when indicated,faulty interpretation of laboratory tests, andignoring details provided by the patient.

A delayed diagnosis or misdiagnosis can adversely affect a patient in many ways, such as:

Causing the patient to need aggressive treatment because the medical condition or disease was detected at a late stage;Exposing the patient to harmful medication that was not needed;Performing an unnecessary surgical procedure that left the patient disfigured in some way;Increasing the possibility of complications or death with the misdiagnosis.

Note that the statute of limitations, as it applies in a medical malpractice misdiagnosis case, depends on the laws of the state where the case is filed. In certain jurisdictions, the statute of limitations may not apply until the injury is discovered, and in others, it starts to run on the day the misdiagnosis actually occurred. A great deal also depends on the detailed allegations of the patient's lawsuit.

Proving a misdiagnosis case

Although laws vary from one state to another, if you allege that a physician has made a misdiagnosis and is guilty of medical malpractice, you must be able to prove that your doctor failed to follow the usual standard of care adhered to by healthcare professionals in his/her jurisdiction.

Seeking legal counsel when a misdiagnosis is made

Suing a physician for medical malpractice is a detailed, complex process. With this in mind, you will want to consult with a qualified medical malpractice attorney. When you do, your lawyer will analyze the details of your case, develop a legal strategy, and represent you during settlement negotiations, or at trial, if that becomes necessary.

Peter Wendt is a writer and researcher specializing in malpractice attorney Philadelphia. For readers who are interested in learning more about this subject, Peter recommends they check out ML-Law.net.

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