How To Take Legal Action When Your Doctor Misdiagnoses You

After your meeting with your doctor, you may discover that your health has taken a turn for the worse. You may be suddenly experiencing severe symptoms, or you were diagnosed with a condition after visiting your doctor, but your symptoms don't match the diagnosis. If this is the case, you might have been misdiagnosed.

Signs That Your Doctor Might Have Misdiagnosed You

If you do not spend a lot of time with your doctor, and if they do not seem to take your concerns seriously, your doctor might not properly diagnose you. Some doctors are overworked and will examine your symptoms quickly and come to a misinformed conclusion. They might not realize that your symptoms are more consistent with another medical condition.

You may notice that the treatments you have been prescribed are not working and your condition is only getting worse. Your doctor should explain the side effects that you should experience and how your condition should progress, but if you are experiencing other symptoms, you may have a different condition.

When to Consult with a Professional

You may want to seek a second opinion from a doctor. However, you may also want to seek the opinion of a personal injury attorney who has handled medical malpractice cases. Your attorney will be able to listen to what happened and give their opinion of whether you have a case. 

To win a medical malpractice case over a misdiagnosis, you must prove that a reasonable doctor would have diagnosed you with the condition that you are suffering from. Simply having a bad outcome from treatment is not enough to be entitled to compensation.

The Outcome of Your Case

If your personal injury attorney believes that you have a case, they will then begin to negotiate for a fair settlement. You will then need to calculate the damages you have suffered as a result of the failure to diagnose your condition. Your attorney will then compose a demand letter that can be sent to your doctor or their insurance provider, and this will begin the process of negotiation.

If you must take your case to court, your personal injury attorney will represent you in court. Your personal injury lawyer will work hard with expert witnesses to help explain medical information relevant to your case to a judge and the jury. Then, you will be much more likely to have a favorable outcome for your case. 

Reach out to a local personal injury lawyer to learn more.


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