Home Law Can You Sue Your Doctor For A Misdiagnosis?

Can You Sue Your Doctor For A Misdiagnosis?

by Donny Stock

People who have a disease — or at least suspecting themselves of having one —- seek medical experts who they can trust. However, unfortunately, there are those who fail to deliver services that comply with the so-called “medical standard of care.” Legal cases revolving around this matter fall under the field of medical malpractice Indiana.

Misdiagnosis In A Nutshell

Part of this legal field is misdiagnosis, which happens when a doctor fails to correctly diagnose or identify your illness. It can also refer to a situation when a doctor is:

Not able to give you diagnosis promptly

Not able to diagnose you at all

Not able to order the correct screening for your disease

Not able to read your lab or test results properly

Not able to refer your to the appropriate specialist

For it to be considered misdiagnosis — as in any type of medical malpractice Indiana case — you must prove that you and the one who caused the misdiagnosis have a doctor-patient relationship and that there is “causation.” This means that the wrongful action of your doctor should be the cause of your worsened medical condition.

What To Do If You Feel Like A Misdiagnosis Victim

It is natural to ask if you can sue your doctor for misdiagnosis — and the quick answer is yes. However, as your life is at risk, it’s important to seek proper medical attention first. While some prefer to consult again in the same doctor or hospital, many rely on their medical experts or institutions to prevent their condition from worsening.

While getting proper medical treatment, you also need to find a lawyer who specializes in medical malpractice Indiana. He or she will help you:

Identify that there are legal grounds for your case to be considered medical malpractice by reviewing medical records

Seek a medical witness who can attest to your claims

File the lawsuit and prepare all needed documents to proceed with your case

Negotiate with the other party in order to reach a settlement before a trial takes place

Work hand in hand with your insurance provider

Aggressively represent you in court once no settlement is reached and your case is scheduled for trial

You should take note that generally, victims of misdiagnosis have two years (from the time they are misdiagnosed or the time they learned about their worsening condition due to misdiagnosis) to file for damages. However, this statute of limitations may vary from state to state. This is why it’s important to have a legal expert by your side to guide you through this complicated situation.

Avoiding Misdiagnosis

Prevention is better than cure. But if you already have a disease, you can help yourself avoid facing a more difficult situation by preventing getting misdiagnosed.

First, be critical in choosing your doctor or your hospital. Do your homework and ask around for their reputation or credibility. If you know someone who has the same disease, you can ask him or her for recommendations.

Once you’ve already chosen and the consultation day arrives, don’t hesitate to ask questions. You should also be transparent about your condition and medical history for your doctor to fully assess your condition. If you have the financial resources, you can also seek a second opinion from another doctor.

Montross Miller has been the premier legal team in the field of medical malpractice Indiana. If you need help claiming for medical malpractice or negligence, consult our experts today!


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