We trust our doctors to provide us with proper and safe medical care.
When they don’t, and you suffer injury as a result, you may have a legal claim against your doctor.
These claims, which are generally established under a theory of negligence, can provide the injured with monetary damages to compensate them for the harm they have suffered.
At Dempsey, Kingsland & Osteen, we can help you recover the most compensation possible for your medical negligence claims arising from a misdiagnosis.
In addition, we pride ourselves in being compassionate advocates for all our clients, and we will be there for you throughout the entire process.
Below are some basics about medical misdiagnosis, what to do if you have been misdiagnosed, and how to prove a misdiagnosis.
If you have questions, please contact us today.
What Is a Misdiagnosis?
A misdiagnosis is when your doctor provides an incorrect diagnosis, fails to diagnose a medical condition, or improperly delays diagnosis of your medical condition.
However, not all misdiagnoses give rise to a legal cause of action.
To maintain a legal claim for being misdiagnosed, you must show that your doctor failed to provide you with the proper standard of medical care and that this failure caused you to suffer injury.
What to Do If You Think You Have Been Misdiagnosed
If you have suffered as a result of a misdiagnosis, it’s important to take action quickly.
Step 1: Gather Evidence
Gathering evidence is an important step if you believe your doctor misdiagnosed your medical condition. Get a second opinion from a reputable doctor as soon as you suspect a problem.
Keep all your medical bills and records from all doctors you have visited. It can also be helpful to keep a journal of the series of events leading up to, during, and after the misdiagnosis.
Step 2: Hire an Attorney
Hiring an attorney will be crucial to preserving your ability to recover compensation for the injury you suffered as a result of your misdiagnosis.
An attorney can guide you through the process and help you build a strong legal claim.
How to Prove a Misdiagnosis
Before covering how you can prove a misdiagnosis, it is important to understand the foundations of the legal claim that arises from a misdiagnosis.
Legal claims arising from a doctor’s misdiagnosis, failure to diagnose, or improperly delayed diagnosis of your medical condition are rooted in the legal theory of negligence.
Therefore, if you cannot show that your doctor was negligent in some way, you may not have a claim for medical malpractice.
However, if you believe your doctor was negligent, and if you can establish the following elements, it is likely that you will be able to show medical malpractice.
Generally, the required elements of negligence are:
- Duty. If you can establish the doctor-patient relationship, you can most likely show that your doctor had a duty to provide you with a certain standard of medical care.
- Breach. Your doctor must have breached their duty to you by failing to provide the same level of care that a similarly situated medical professional would have provided in the same or similar circumstances.
- Causation. Your doctor’s breach of duty must have been the cause of the injuries for which you are bringing a claim.
- Damages. Your injury must have resulted in harm that can be compensated with damages. Examples of damages include physical disability, disfigurement, mental anguish, medical expenses, wage loss, diminished ability to earn in the future, diminished enjoyment of life, or even death.
If you can show the above elements, you likely have a case for medical malpractice.
How Can Dempsey, Kingsland & Osteen Help?
At Dempsey, Kingsland & Osteen, we have nearly a century of combined experience dealing with medical malpractice claims.
We want to help you hold the people that caused your injuries accountable.