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How is a Misdiagnosis Defined as Medical Malpractice?

Aug23
a medical malpractice claim

Medical conditions are sometimes misdiagnosed or overlooked altogether.

What Are Some Examples of Misdiagnosed Conditions?

Some of the most frequently misdiagnosed conditions include:

  • Those with vague symptoms, such as chronic fatigue syndrome, fibromyalgia, lupus, Lyme disease, multiple sclerosis, and hypothyroidism
  • Digestive disorders, including food poisoning, irritable bowel syndrome, and ulcerative colitis
  • Emotional disorders — many of which have a biological cause such as a brain tumor

Is a Misdiagnosis Considered Malpractice?

Unfortunately, sometimes a misdiagnoses can rise to the level of malpractice. If your healthcare provider missed clear cues and a delay in diagnosis lead to a more adverse outcome, you should consider a lawsuit.

Here are two reasons why:

  • Your costs: You may be saddled by extra expenses relating to healthcare, as well as decreased earnings potential due to time away from work. In the worst cases, a misdiagnosis can lead to premature (wrongful) death.
  • Other patients: The physician may be making similar mistakes with others. By some counts, only about five percent of all physicians are implicated in more than half of all medical malpractice cases.

Should I Consider a Malpractice Lawsuit If My Condition was Misdiagnosed?

The medical malpractice system helps mitigate expenses that are otherwise borne by patients and their families. It also is a corrective, providing very clear incentives for medical professionals to perform according to basic expectations.

If minimum standards of care are not met and can be tied to injury and loss, you should be able to successfully recover those losses via a settlement or litigation.

Contact a Knowledgeable Medical Malpractice Attorney Today

Dr. Michael Wilson is both a doctor and a lawyer. With extensive knowledge in both professions and the experience to match, he is well-equipped to handle your medical malpractice claim. Contact the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates today.

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