Typically, doctor visits in the hospital are crucial for keeping people healthy and happy at all times. However, they’re not immune to committing medical mistakes. One of these errors could include using the wrong test results to diagnose and treat your medical condition. When such incorrect test results result in an injury, you may wonder what to do next. You may even ask yourself whether you can sue the erring doctor for the incorrect test results to receive compensation. The answer to the question depends on certain circumstances.
So, if you’ve suffered an injury due to wrong test results, read more to learn how you can sue the responsible healthcare professional on that ground.
What Is Misdiagnosis?
Misdiagnosis happens when the doctor has failed to run the proper diagnostic tests on the patient, resulting in erroneous results for diagnosing or treating an illness. It’s a type of medical malpractice that could also be a ground for filing a lawsuit against the at-fault health professional.
In most cases, misdiagnosis can be considered a serious legal matter. If the doctor uses wrong test results that medical error can cause a more severe health problem that requires extensive treatment. Consequently, it can cost more money in the long run, making the patient’s life more financially challenging.
Can You File a Medical Malpractice Lawsuit For Misdiagnosis?
When a doctor has misdiagnosed your illness based on the wrong test results, you may be entitled to file a medical malpractice lawsuit to sue the erring medical professional. However, you need to prove the elements of negligence with the help of a lawyer from https://www.hastingsfirm.com/locations/ and other reliable law websites to have a successful claim. Without establishing them, you may be unable to do so.
Thus, if you’re making a malpractice claim, you need to do the following:
- Doctor-Patient Relationship: You should show that the doctor-patient relationship existed between you and your health professional. For example, when a doctor starts asking questions about your health condition and requests specific diagnostic tests, it means the relationship has already existed.
- Breach of Doctor-Patient Relationship: You should also prove the relationship has been breached by committing certain negligent acts. In the case of misdiagnosis, you can establish the breach by showing that a reasonably competent doctor would have diagnosed your illness correctly using correct test results.
- Causation: You need to demonstrate that the misdiagnosis directly caused your injury. For example, your doctor has misdiagnosed you, and the next day, you’ve sustained an injury because of it.
- Damages: You should show that the injury caused by misdiagnosis has resulted in certain damages or losses. These can also include medical costs, lost income and earning ability, emotional distress, pain and suffering, and other similar losses.
In most cases, instituting a medical malpractice claim on the ground of misdiagnosis is never easy. Aside from establishing the at-fault doctor’s negligence, you need to procure a sufficient amount of evidence to improve your chances of winning. These pieces of evidence can include:
- Medical reports, including diagnostic results and prescriptions,
- Photo of the injury you’ve suffered,
- Witness testimonies, if there’s any,
- Statements of expert witnesses,
- Record of damages, including payroll records and medical bills,
- Video evidence and other forms of documentation.
Do You Need a Lawyer?
If you’re serious about suing the responsible doctor for misdiagnosis, then you need the assistance of a dedicated lawyer to navigate the situation more appropriately. Unless you know the ins and outs of medical malpractice laws, having a legal professional by your side is crucial for the success of your case. They can help you in the following ways:
- They can offer valuable advice regarding the legal options available to your situation.
- They can prepare and submit the paperwork required to file a claim in court.
- They can ensure that all the court processes are complied with. For example, they make sure your case is filed within the time limits required by your state law. Otherwise, you lose your right to sue the erring health professional for wrong test results forever.
- They can provide solid legal representation in case the lawsuit proceeds to trial.
Takeaway
Getting injured due to misdiagnosis arising from wrong test results can be distressing. Therefore, if you’ve suffered an injury due to your doctor’s misdiagnosis, keep the information mentioned above to know you can sue the responsible party for negligence. By doing so, you can protect your rights by holding the at-fault doctor liable to recover compensation.
