What to do When You Have Been Misdiagnosed

Medicine is a difficult field to navigate. Every person is unique and certain diseases or conditions may manifest themselves very differently person to person; for example, in cases of autoimmune diseases and disorders. This can occasionally lead to a misdiagnosis by your doctor. These misdiagnoses are often quickly corrected and proper treatment will proceed. However, there are occasions when a failure to diagnose a condition is due to negligence by your doctor. If you feel you have had a misdiagnosis due to negligence, you may want to think about filing a medical malpractice suit.

Before jumping on the law train, keep in mind that most medical misdiagnoses are not medical malpractice issues. If your medical case is difficult or rare, or commonly manifests itself similar to another disease, a misdiagnosis is most likely not due to negligence by your doctor. On the other hand, if you have noticed your doctor not paying attention to your ongoing symptoms or test results and a second opinion reveals a simple diagnosis of the proper problem, your original misdiagnosis may be due to negligence. Prior to lawyer hunting, ask yourself a few questions. Is this doctor you are aiming to sue your regular doctor? Had your doctor been going against the medical center’s conduct of care? Has his or her misdiagnosis resulted in your physical or mental harm? If you can answer yes to these questions, it may be time to find an attorney.

When looking for a medical malpractice lawyer, have a consultation with any possible lawyers to explain your case and ensure that you indeed have a medical malpractice suit. A lawyer will not take you on if your case holds no water. A face to face consultation will give you an idea of how your relationship with said lawyer might be, amicable or not, and will give you knowledge regarding any policies or expectations he or she has when it comes to lawsuits. This is your time to ask any questions you might have. Many lawyers offer free consultations, but do not be surprised if a consultation comes with a fee.

If and when you and your lawyer decide to take your case to the next step, building a strong case will increase your likelihood of obtaining the outcome you desire. Your lawyer will give you an idea of what kind of evidence he or she needs in order to build a convincing case. This may include the medical centre’s code of conduct, appointment summaries and test and procedure results from both your regular doctor and any second opinion appointments you may have had. Look for any reviews of your regular doctor by other patients that may outline others’ experiences similar to your own. In many cases, your lawsuit will not make it to the courtroom. Settlements often happen privately prior to a court date, giving you the compensation you seek and letting your doctor save face. Take charge of your medical care and ensure that you receive the care you deserve.

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