If you’re being seen for a major medical ailment, the right diagnosis is absolutely crucial. Getting the correct treatment requires being diagnosed with the correct disease. Otherwise, you run the risk of unnecessary surgeries or procedures, being prescribed incorrect medication, having treatment delayed or put off indefinitely, and other serious dangers.
If this has happened to you or someone you know, it’s crucial to speak with a medical malpractice or medical misdiagnosis lawyer as soon as possible. You may be entitled to compensation for your injury.
Misdiagnosis of the ‘Big Three’ Results in Serious Injury or Death, According to Study
In fact, a new study from the Johns Hopkins University School of Medicine says that nearly 10 percent of people with serious complications from cancer, an infection, or a major vascular event will be misdiagnosed.
The research, which was published in the journal Diagnosis, focused on misdiagnosis rates for the most common types of vascular events, infections, and cancers, along with the complications arising from those misdiagnosed. The authors refer to vascular events, cancer, and infections as the “Big Three” conditions for how common and how deadly they are.
Researchers found that among those people who were inaccurately diagnosed with the top 15 conditions that make up the “Big Three,” almost 54 percent of them suffer death or a permanent disability as a result of the misdiagnosis.
The researchers also came to different conclusions regarding each of the “Big Three.” The most common vascular events and infections to be missed are among the least common of all such diseases, while the most commonly missed cancers were the ones with the least successful screening protocols (regardless of how prevalent each type of cancer is in the population).
The most commonly missed type of infection was spinal abscesses at 62.1 percent, while almost 28 percent of aortic dissections and aneurysms had a critical diagnosis delay, and 23 percent of lung cancer diagnoses were meaningfully delayed. There has been federal legislation introduced to help reduce this trend of misdiagnoses, but clearly there is still a lot of work left to do.
Who Could Be Liable for a Misdiagnosis?
In many states, including Connecticut, doctors can be held liable under medical malpractice law for a patient’s death or injury due to a misdiagnosis. Misdiagnosis also includes delayed diagnosis or a total failure to diagnose. State law says that patients may be entitled to compensation if the misdiagnosis prevents or delays a full recovery, denies them a better outcome or costs them their survival.
The primary doctor is the only doctor who can be held liable in most cases like these. In some instances, however, other healthcare providers could be liable if their actions or negligence contributed to or caused the patient’s injury in some way. This includes specialists, nurses, lab technicians, and so on.
Our medical malpractice and misdiagnosis attorneys can tell you more about whether you may have a viable case.
What You Need to Know About Lawsuits Involving Misdiagnosis
Any lawsuit involving negligence and medical malpractice, including misdiagnosis, will involve proving that the medical provider’s actions fell below what is known as the “medical standard of care.”
The medical standard of care means that the treatment regimen lined up with what another medical professional with the same training and experience would do in a similar case. If your doctor’s actions are determined to fall below this standard, they may be liable for damages.
There are a few other pieces to proving any medical malpractice claim. You have to show that there was an existing doctor-patient relationship, that the doctor was negligent (hence the “medical standard of care”), that the doctor’s negligence led to your specific injury or injuries, and that those injuries are quantifiable.
You also want to be sure to file your case quickly, as there’s a two-year statute of limitations on most personal injury claims in Connecticut.
Why You Need a Medical Malpractice Attorney for Your Misdiagnosis Case
All medical malpractice cases, including those involving a misdiagnosis, can be a challenge. Many doctors and hospitals have financial resources at their disposal that patients do not have, which lets them bully you, use delay tactics, and play hardball in other ways. Plus, you may well be in extreme pain after your injury, making it difficult to file your case and make sure it’s moving along.
Documenting your injury, proving negligence, finding expert witnesses to testify on your behalf, filing paperwork, and negotiating settlements are all much easier with help from an experienced attorney.
At Wocl Leydon, personal injury cases like instances of medical misdiagnoses are one of our core areas of focus. We understand how important these cases are to patients, and we know how to pursue them. We won’t be intimidated by doctors, hospitals, or insurers.
Our commitment is to our clients, which is why we work on a contingency basis. We don’t collect any attorneys’ fees from you until we’ve proven your cases and helped you recover whatever damages you deserve. Our team of attorneys, investigators, and expert witnesses can help establish your claim and seek the full amount that you’re owed.
We understand why you might be hesitant to hire a lawyer. A medical malpractice suit is a major commitment. However, our track record and our client testimonials demonstrate that we are fully devoted to seeing your case through to the end. If you’re ready to get started on your medical misdiagnosis lawsuit, call our office today to speak with our staff.
You can reach us by phone or by filling out our online contact form. You can also click on the chat box in the corner of your browser to speak with a live customer service agent. We look forward to meeting you and working with you.