Can I Sue a Doctor for Misdiagnosis?
If you need help with your medical malpractice claim, contact an experienced medical malpractice attorney today.
When you go to the doctor, you have a reasonable expectation that your doctor care for you safely. If you’re sick or having health complications, you probably assume that your doctor will properly diagnosis you before explaining your options and beginning treatment immediately.
But it doesn’t always work like this. In fact, statistics show that millions of Americans are misdiagnosed every year, leading to a deterioration of health and a worsening of the misdiagnosed condition. If you’ve been misdiagnosed in Wyoming, you may have a medical malpractice case. Here’s what you should know–
The Dangers of a Misdiagnosis
Being misdiagnosed can have negative consequences, especially when your health condition is serious. The two biggest risks associated with a misdiagnosis include:
- Receiving treatment for the wrong condition, which could be invasive or have myriad negative side effects. Say your doctor diagnoses you with cancer and you begin chemotherapy. You may suffer adversely as a result, especially if you don’t actually have cancer.
- Not receiving treatment for the correct condition, which can lead to that condition worsening. Sometimes to the point where later treatment is futile. For example, some cancers can quickly progress and prove fatal if they are not diagnosed and treated early on.
When Can I Sue a Doctor?
Not all cases of misdiagnosis warrant a medical malpractice claim against a doctor or other healthcare professional… even if the misdiagnosis results in harm. Instead, in order to bring a suit against a doctor, you must prove that the doctor violated the medical standard of care. In addition, you must demonstrate that the breach was the proximate cause of your harm.
The medical standard of care refers to the same standard of care that another healthcare professional of similar background and training would exercise in your case. For example, if your white blood cell count came back especially low, a reasonable doctor may refer you to another specialist for further testing; if your doctor failed to do this, your condition was misdiagnosed, or went undiagnosed as such, you may have a claim.
However, if your doctor treated you with the proper degree of care, and the misdiagnosis was a result of a misinterpretation or error that another doctor could have reasonably made, too, you will likely not be successful in a medical malpractice suit.
Get Started Today
If you think that you may have a medical malpractice claim due to a misdiagnosis, you should reach out to a skilled Wyoming medical malpractice lawyer as soon as possible. Your attorney will review your case free of charge. If you decide to hire the attorney, they will handle all elements of building your case. This includes hiring medical experts who can offer testimony and insight regarding a breach of the medical standard of care.
Please contact us to learn more about how our firm can help you pursue damages for medical malpractice. We will provide you with an honest opinion about your case.