Misdiagnosis is a serious issue in the medical field, and it can have devastating effects on a patient’s health. When a medical professional fails to correctly diagnose a health condition, it can lead to incorrect or delayed treatment, potentially worsening the patient’s condition. If you believe that a misdiagnosis has negatively impacted your health, you may be considering a medical malpractice claim, and your first step should be to contact a medical malpractice attorney in Baltimore, MD as soon as possible.
Ask a Baltimore, MD Medical Malpractice Attorney: Do I Have a Claim if I Was Misdiagnosed?
Medical malpractice occurs when a healthcare provider deviates from the standard of care that a reasonably competent provider would have provided under similar circumstances. Misdiagnosis can fall under this category if the incorrect diagnosis led to inappropriate treatment, delayed treatment, or no treatment at all, and as a result, the patient’s condition worsened.
Establishing a Misdiagnosis Claim
Duty of Care
You must demonstrate that there was a doctor-patient relationship, establishing the healthcare provider’s duty to deliver care according to the accepted standards.
Breach of Standard of Care
You must show that the healthcare provider breached the standard of care. This involves proving that a competent doctor, in the same field and under similar circumstances, would not have made the same diagnostic error.
Causation
You need to prove causation, showing that the misdiagnosis directly led to your worsened condition.
Damages
Finally, you must demonstrate that you suffered harm as a result of the misdiagnosis. This can include physical pain, emotional distress, additional medical bills, and lost wages.
Gathering Evidence
Building a strong case requires comprehensive evidence. You’ll need medical records, for one thing. These are crucial and will form the foundation of your claim. They provide a detailed account of your visits, what the doctors noted, tests ordered, diagnoses made, and treatments prescribed.
Medical malpractice cases almost always require an expert witness, as well. This medical expert, typically a doctor specializing in the relevant field, will need to testify that the standard of care was not met in your case. Any other relevant documents, such as emails or written communications between you and your healthcare provider, can also support your claim. There may be other evidence, and your lawyer will help you to gather it. Click here to learn how to connect with a skilled Baltimore medical malpractice lawyer.
Misdiagnosis in Medical Malpractice
Misdiagnosis itself doesn’t automatically imply negligence. For example, some diseases, like cancer, can be exceptionally difficult to diagnose correctly because their symptoms may be vague or similar to less severe conditions. In these cases, the key question is whether the doctor acted competently and reasonably. Did they order the appropriate tests? Did they seek opinions from specialists?
Potential Defenses in Misdiagnosis Claims
Healthcare providers may argue that the misdiagnosis was a reasonable error that any professional could have made in similar circumstances. They may also contend that the patient’s condition would have worsened regardless of the diagnosis, attempting to break the chain of causation between their actions and your harm.
Legal Process and Timing
Filing a medical malpractice claim involves complex procedures that vary by state. Generally, you will need to start by notifying the healthcare provider. You’ll also need to file your claim within the Maryland statute of limitations. Given how difficult it can be to prove medical malpractice, consulting with an experienced attorney is always in your best interests.
If a misdiagnosis has led to a deterioration of your health, you may have grounds for a medical malpractice claim. Proving such a claim requires demonstrating a breach in the standard of care that directly caused your worsened condition. If you believe you’ve been a victim of medical malpractice, contact a medical malpractice attorney to discuss your situation and explore your legal options.
