When to Take My Medical Misdiagnosis to Court?

When you have a medical condition or issue, you trust that your care providers will offer reliable medical services. This is especially true if you experience symptoms and are unsure what is causing them. 

If you’re in a situation like this, you should be able to trust that your physician will provide you with an accurate diagnosis. Getting the right diagnosis will guarantee that you receive appropriate and timely treatment. 

Unfortunately, some patients do not receive a reliable diagnosis for their medical issues. If you’ve experienced this issue, you may be thinking, “I need to know when to take my medical misdiagnosis to court.” 

When you have suffered harm because of your misdiagnosis, you may be able to pursue compensation for the associated damages. A skilled personal injury attorney will help you recover maximum compensation in your medical misdiagnosis case. 

If you find yourself thinking, “I need to know when to take my medical misdiagnosis to court,” don’t hesitate. Reach out to the accomplished attorneys at Morgan & Morgan today. 

As America’s largest personal injury law firm, we know what it takes to fight effectively for victims of misdiagnosis. When you contact our firm, we’ll happily provide you with a no-cost consultation to discuss the facts of your case. 

Fill out the contact form on our website to schedule a free case evaluation.

Understanding Misdiagnosis Claims

A misdiagnosis of an illness or injury happens when a physician categorizes your medical issue incorrectly. If they misidentify your condition or misread your test results, you may suffer harm. 

There are many different scenarios that can be categorized as a “misdiagnosis.” For instance, your medical care provider may fail to offer any diagnosis. 

When a patient is misdiagnosed, they may suffer severe consequences. A misdiagnosis can: 

• Make the patient’s condition worse
• Prevent the patient from receiving timely treatment
• Result in the death of the patient 

Furthermore, Improper treatments can cause unintended side-effects and other health problems for the patient. In that case, the patient’s condition could get worse.

In extreme cases, a misdiagnosis may lead to the death of the injured or ill person. When this happens, the victim’s estate holder can pursue financial compensation for the associated losses. 

This type of claim is known as a “wrongful death” case. The skilled legal team at Morgan & Morgan has decades of experience successfully representing claimants in wrongful death claims. 

If you have been harmed because of a wrongful diagnosis, you may start to think, “I wonder when to take my medical misdiagnosis to court.” Not every instance of misdiagnosis qualifies as medical malpractice. 

To have a successful medical misdiagnosis case, you will need to provide evidence that your doctor violated the medical standard of care. 

When you visit a medical professional, you should not need to worry that you will receive inappropriate or inadequate care. When a physician fails to help a patient, it may qualify as medical negligence. To prove medical negligence, you must provide evidence that the misdiagnosis led to measurable harm.  

Whatever the circumstances of your case, speak with a knowledgeable legal expert to determine if you have a valid case. The specialists at Morgan & Morgan will schedule a no-cost meeting to review your misdiagnosis claim. 

Common Examples of Misdiagnoses

Nearly 5% of all medical patients are misdiagnosed. Even with a 95% success rate, many patients in the U.S. are harmed by a misdiagnosis each year.  

If you have not received the care you need or have experienced unnecessary treatment, you may have a valid misdiagnosis claim. In the aftermath of a negative medical experience, it’s natural to think, “I wonder when to take my medical misdiagnosis to court.” 

Every medical mistake involves a unique set of circumstances. Still, some misdiagnoses are more common than others. Some of the most commonly misdiagnosed conditions include the following: 

• Asthma—typically misdiagnosed as bronchitis
• Heart attack—often mischaracterized as panic attacks or indigestion
• Lyme disease—typically misdiagnosed as depression or flu
• Parkinson’s disease—thought to be Alzheimer’s, stress, or stroke
• Lupus—typically misdiagnosed as fibromyalgia or rheumatoid arthritis 

When you’ve been diagnosed with one of these conditions and haven’t improved, it’s important to get a second opinion. If you have been misdiagnosed, speak with a skilled legal specialist. 

You should not bear the costs from a medical misdiagnosis alone. The compassionate team at Morgan & Morgan is ready to fight to recover maximum financial compensation in your case.

Steps to Take If You Get Worse After Seeing a Medical Professional

If you are experiencing a medical emergency, it’s critical to seek immediate care. Do not wait if you believe that you need urgent attention.

Your health and safety should always be your first priority. When your condition worsens after receiving a medical diagnosis, be sure to speak with a legal expert. 

When you have been diagnosed with a medical condition, make sure to take the requisite steps to protect your legal rights. Following a diagnosis, you have a duty to:

• Adhere to your doctor’s orders unless your condition worsens
• Seek additional care if needed
• Not allow your condition to worsen intentionally
• Not avoid seeking treatment on your doctor’s recommendation 

Taking these important steps is called “mitigating damages.” If you file a medical negligence case, your behavior will be reviewed thoroughly. 

You should avoid any actions that make it appear your harm was fraudulent or intentional. Patients who make their conditions worse on purpose will be ineligible for financial compensation. 

After your condition becomes worse, take the necessary steps to obtain the care that you need. Any illnesses or injuries that resulted from your failure to seek care will not be considered the result of a misdiagnosis.  

It’s best to have a personal injury attorney oversee your case from the beginning. Consult with a lawyer and tell them, “I need to know when to take my medical misdiagnosis to court.”