A misdiagnosis can be more than just a mistake. When medical professionals fail to properly diagnose a patient, the harm can be irreversible. If you or somebody you care about has been misdiagnosed, you may be able to file a medical malpractice claim against the alleged negligent provider. However, these claims are challenging, and we encourage you and your loved ones to reach out to a skilled medical malpractice lawyer in Lexington for an initial consultation today.
Common Types of Diagnostic Errors
Diagnostic errors can happen in various forms, each carrying serious risks for patients:
- Failure to Diagnose. This occurs when a healthcare provider does not recognize the presence of an illness or injury. Failure to diagnose can delay essential treatments, allowing the condition to progress unchecked.
- Delayed Diagnosis. In some cases, a diagnosis is made but not in time to prevent the illness or injury from worsening. A delayed diagnosis can lead to a reduced chance of recovery, especially for conditions that require early intervention, such as cancer or heart disease.
- Misdiagnosis. When a patient is diagnosed with the wrong condition, they may receive incorrect or unnecessary treatments, leading to additional harm. Misdiagnosis often occurs with complex illnesses that present with similar symptoms, like certain types of cancer or autoimmune diseases.
- Missed Diagnosis of a Secondary Condition. Some patients may receive treatment for one condition while another co-existing condition goes undiagnosed. Failing to diagnose a secondary illness can lead to complications that exacerbate the primary condition.
Proving Negligence in a Misdiagnosis Claim
To succeed in a misdiagnosis claim, you must establish that the healthcare provider’s actions constituted negligence. In Kentucky, proving negligence in a medical malpractice case requires demonstrating the following elements:
- Duty of Care. Medical providers have a duty to adhere to established standards of care for diagnosing patients. This includes performing necessary tests, taking a thorough medical history, and considering a range of potential diagnoses.
- Breach of Duty. A breach occurs if the medical provider deviates from the accepted standard of care. For example, if a doctor dismisses symptoms that should have prompted further testing, they may be considered negligent.
- Causation. You must show that the provider’s breach of duty directly caused harm. This can be challenging, as you will need to prove that the misdiagnosis resulted in a worsened condition or a loss of opportunity for a better outcome.
- Damages. Finally, you must demonstrate that the misdiagnosis led to specific damages, such as additional medical expenses, lost income, or pain and suffering.
An experienced Lexington misdiagnosis attorney will gather evidence, consult medical experts, and build a case that shows how the provider’s failure to diagnose or misdiagnosis caused harm.
Common Causes of Misdiagnosis in Lexington
Misdiagnosis cases often stem from preventable errors, such as:
- Failure to Order Appropriate Tests. Diagnostic tests are essential for identifying certain conditions. If a healthcare provider fails to order necessary tests, they may miss or delay a diagnosis.
- Inadequate Communication. Miscommunication between doctors, nurses, and other medical staff can lead to crucial information being overlooked.
- Rushed Appointments. In busy medical practices, providers may spend only a few minutes with each patient, increasing the risk of missing vital information.
- Over-Reliance on Technology. While diagnostic tools are valuable, an over-reliance on technology without adequate human assessment can lead to errors, especially if the technology provides inconclusive results.
How a Lexington Misdiagnosis Lawyer Can Help
Misdiagnosis cases are complex and require substantial medical and legal knowledge. A Lexington misdiagnosis attorney can provide critical support by:
- Evaluating Your Case. An attorney will assess the strength of your case, including the extent of your damages and the likelihood of success.
- Working with Medical Experts. Medical experts can review your records and testify on whether the provider met the standard of care. This testimony is essential for establishing negligence in misdiagnosis cases.
- Gathering and Analyzing Evidence. Your lawyer will collect medical records, test results, and other evidence to build a compelling case.
- Handling Negotiations with Insurers. Insurance companies often attempt to minimize settlements in medical malpractice cases. An experienced lawyer will negotiate with insurers to help ensure you receive fair compensation.
- Representing You in Court. If a settlement cannot be reached, your attorney will be prepared to present your case in court, advocating for the maximum compensation available.
Contact Gary C. Johnson, P.S.C., for a Free Consultation
If you or a loved one has suffered due to a misdiagnosis, you do not have to face this challenge alone. At Gary C. Johnson Attorneys at Law P.S.C., we are committed to holding negligent providers accountable and helping you pursue the compensation you deserve.
You can reach us for a free consultation of your claim by filling out our contact form or calling us at (866) 984-0113.
