What Is A Misdiagnosis Claim For Medical Malpractice?

10 Dec What Is A Misdiagnosis Claim For Medical Malpractice?

When someone is in a condition where medical attention is needed, the margin for error is small. If you leave a doctor’s office in worse shape than you were when you entered, you may be entitled to damages. At Tannenbaum, Bellantone & Silver, P.C., our legal team is comprised of experts who are well versed in misdiagnosis claims for medical malpractice. To learn more about this area of law, and if this type of claim applies to your situation, don’t hesitate to schedule a consultation with our team.

What Is A Misdiagnosis?

Before diving into more detail about medical malpractice, the first thing our team would like to discuss is what is considered to be a misdiagnosis. Doctors are responsible for providing patients with the necessary care. However, a misdiagnosis takes place when an incorrect assessment of the patient’s condition leads to any of the below:

• The wrong treatment.
• Delayed treatment.
• No treatment.
• Worsening of the patient’s condition.
• In extreme cases, death.

What Is Medical Malpractice?

If you’ve been misdiagnosed and want to make a legal claim, this will fall under the area of medical malpractice. Medical practitioners are legally held to a certain standard of care that each patient must receive. When this standard of care fails to be met, the receiving patient can take their doctor to court under a medical malpractice claim. To have legal grounds to stand on, all three of the below must have taken place:

• There was a violation of the standard of care.
• The violation led to an injury.
• The injury resulted in significant damages to the patients.    

Proving A Misdiagnosis Took Place

There is a wide range of issues that fall under the medical malpractice branch. Misdiagnosis is just one of them. Fortunately for our clients, the team at Tannenbaum, Bellantone & Silver, P.C., is very well versed in this area. Our team can gather all of the evidence needed to prove that a misdiagnosis has taken place. The basics of establishing a claim of misdiagnosis involve showing the court the following:

• A doctor-patient relationship existed.
• The doctor was negligent in their time with the patient.
• The negligence is what caused the misdiagnosis, which led to the issue.  

Showing That The Doctor Was Negligent  

As we’ve mentioned numerous times, showing that the doctor was negligent when you were in their care will play the most extensive role in winning your misdiagnosis claim. Although you may be unaware of what goes into this process, our attorneys specialize in this. We’ll work diligently to prove that any other doctor acting reasonably would have been able to diagnose the issue at hand properly. 

The Damages You’re Entitled To   

Once we have proven that a misdiagnosis has taken place, the next step is securing the damages you’re entitled to. When a doctor’s negligence has harmed you, you shouldn’t be faced with a financial burden on top of the physical one you’re currently dealing with. That is where damages come into play. Working with our team increases the chances of you receiving the highest financial package. Examples of what the damages can cover include:

• Cost of current and future medical expenses.
• Loss of current income.
• Loss of future earning capacity.
• Physical and mental pain and suffering.
• Loss of enjoyment of life.

Contact Our Team

Coming to terms with the fact that a trusted medical practitioner has misdiagnosed you can be difficult. When this misdiagnoses seriously impacts your quality of life, it will only make matters worse. That is why here at Tannebaum, Bellantone & Silver, P.C., we take pride in the legal services we offer. We’ll create a case that proves beyond a shadow of a doubt that a misdiagnosis took place, allowing you to receive the damages you’re entitled to. For more information on how we can help, be sure to contact our team today.