Can You Sue A Doctor For Misdiagnosis?

When you see a healthcare provider, you trust that their experience, education, and training mean you are in good hands. However, when a physician misdiagnoses you, you may be anxious to hold them accountable to the fullest extent of the law.

When misdiagnosis results from medical negligence, it is possible to sue a doctor for your damages. However, proving negligence in a medical setting is not easy, as the law sets a high bar in these cases. You will need to show that another doctor would have reasonably taken different steps that could have prevented you from suffering further harm. A medical malpractice attorney can guide you through this difficult process.

Who Can Be Sued for Misdiagnosis?

In many cases, only physicians have the authority to diagnose medical conditions. For this reason, when you are seen by an x-ray technician, sonographer, or another type of technician performing a medical test, they won’t be able to provide you with any answers even after the test has been completed.

However, virtually anyone who was involved in your misdiagnosis can be held accountable for medical malpractice. Some of the more common parties who can be sued for misdiagnosis include:

  • Physicians
  • Surgeons
  • Nurses
  • Physician’s assistants
  • Doctors’ offices
  • Hospitals
  • Clinics

After analyzing the details of your case, your medical malpractice lawyer will have a better idea of which healthcare providers in your case should be held accountable for your misdiagnosis.

How do Medical Malpractice Claims for Misdiagnosis Work?

When you are a victim of misdiagnosis, you may be wondering how to make the liable party pay. There are multiple ways you can recover compensation for your suffering. The first is by filing a claim with the healthcare provider’s malpractice insurance company.

Your healthcare provider was likely protected by a malpractice insurance policy of some kind. In filing a claim with the insurance company, you may be able to recover compensation for certain damages, such as your medical expenses.

However, malpractice settlements are not always enough to adequately meet your needs. When this happens, you may need to bring your case to court.

In addition, if the healthcare provider in question does not carry malpractice insurance coverage, you may need to file a lawsuit against them. You can explore your specific legal options further when you discuss your misdiagnosis medical malpractice claim with your attorney.

How a Medical Malpractice Attorney Can Help

Seeking damages for medical malpractice is not easy. You will need to know the true value of your case and have evidence to support it, and it may take several rounds of negotiations to receive a settlement offer that meets this value. Even then, going to court may be necessary.

All this is a lot to deal with, especially if you are still receiving treatment for your condition. Rather than missing your opportunity to seek damages or trying to handle it all on your own, you can rely on a medical malpractice lawyer to:

  • Analyze your medical records and other evidence to build your case
  • Identify the liable parties to file against
  • Contact qualified third-party medical professionals to review your case and provide testimony
  • Compile all your damages and estimate the total case value
  • File paperwork before the deadlines expire, including a notice of intent to sue
  • Represent you in settlement negotiations and hearings
  • Advocate for your financial recovery
  • Empower you to make important decisions as the case progresses

Our firm offers these services at no upfront or out-of-pocket cost, so you don’t have to worry about taking on an additional financial burden. We want to help you recover compensation for the damages you suffered while causing as little stress to you as possible.

Damages You Could Recover in a Medical Malpractice Lawsuit

You have the right to seek compensation for every way your life has been affected by your misdiagnosis. This includes both economic and non-economic damages. Economic damages account for all of your monetary losses. Some of the most frequently awarded economic damages in a medical malpractice claim include:

  • Unexpected child care expenses
  • Diminished earning capacity
  • Loss of income
  • Hospital bills
  • Medical equipment fees
  • Future medical care
  • Other healthcare-related expenses
  • Costs of household maintenance and upkeep

You also have the right to seek compensation for non-economic damages. These account for the intangible ways your illness or injury has affected your life. Some common types of non-economic damages in medical malpractice claims include:

  • Mental anguish
  • Loss of society and support
  • Loss of advice in guidance
  • Loss of love and companionship
  • Diminished quality of life
  • Inconvenience
  • Reputational damage
  • Skin scarring and disfigurement
  • Physical pain and suffering

You can find out more about what your medical malpractice lawsuit could be worth when you contact our firm to discuss your damages and potential financial recovery.

Get Help From a Medical Malpractice Attorney in Maryland Today

If you recently discovered that you are a victim of misdiagnosis, but you do not know where to turn for help, reach out to our compassionate medical malpractice lawyers at Brown & Barron. We serve clients throughout Maryland as they seek to hold liable parties accountable.

You’ll receive a no-cost, risk-free consultation when you call our office today.

Doctor talking to a patient
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