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Covington and Cincinnati Misdiagnosis Lawyer
Experienced Medical Malpractice Law Firm for Misdiagnosis Injury Claims
A proper diagnosis is critical for accurate and prompt treatment. You trust that your doctor will take the correct steps to ensure that you are properly diagnosed and, therefore, properly treated. That’s why discovering that a doctor did not accurately diagnose you or that they delayed your diagnosis is such a frustrating experience, especially if your ability to be treated has suffered or is now unavailable. If this sounds like something you’re going through, a Northern Kentucky or Cincinnati misdiagnosis lawyer at TLF: The Medical Injury Law Firm can help.
As a reputable medical injury law firm, TLF is experienced in handling complex litigation related to Cincinnati and Covington medical malpractice claims arising out of misdiagnoses. At both our law offices, we take all of our injury claims on a contingency fee basis, so you will not have to pay attorney fees until we are successful in your case. We also are happy to provide potential clients with a free initial consultation to learn more about their case and how our firm can help.
If a medical professional failed to promptly or correctly diagnose you, contact an experienced Kentucky or Ohio medical malpractice attorney at TLF right away to see what we are able to do for you. You can reach us by phone at (800) 698-4054 or reach out online to get in touch today.
Is Misdiagnosis Malpractice?
Misdiagnosis can and often is considered medical malpractice, especially when it leads to serious consequences for the patient. In fact, misdiagnosis is a leading cause of all medical malpractice claims. Medical professionals have a duty to accurately diagnose conditions, and when they fail, the results can be catastrophic.
Misdiagnosis occurs when a doctor diagnoses the wrong condition or fails to diagnose a patient at all, leading to incorrect or delayed treatment. This is particularly dangerous in cases of things like heart attack and cancer misdiagnosis, where timely and appropriate intervention is critical.
Diagnostic mistakes, such as failing to order the appropriate tests or misinterpreting test results, can cause 1) cause patients to suffer harm from their actual condition by not receiving the proper treatment and 2) potentially cause additional health issues due to receiving unnecessary treatment.
As these errors can be life-threatening, medical professionals who make such mistakes can be held accountable to prevent further harm and ensure patients receive a settlement or court award that appropriately reflects the damages suffered. An experienced Cincinnati or Covington medical malpractice lawyer at TLF can help make sure that happens.
Commonly Misdiagnosed Medical Conditions
Though there is essentially an unlimited number of ways in which a medical professional might misdiagnose you, there do seem to be some conditions that are more commonly misdiagnosed than others.
Some of the more commonly misdiagnosed conditions we see and handle here at TLF include:
- Acute myocardial infarction misdiagnosis, or heart attack misdiagnosis
- Stroke misdiagnosis
- Heart arrhythmia misdiagnosis
- Aneurysm, including aortic aneurysm misdiagnosis
- Pulmonary embolism misdiagnosis (blood clots)
- Appendicitis misdiagnosis
- Infection, or sepsis misdiagnosis
- Diabetes misdiagnosis
- Bowel obstruction misdiagnosis
- Meningitis misdiagnosis
- Tuberculosis misdiagnosis
- Cancer misdiagnosis
- i.e., breast cancer, ovarian cancer, cervical cancer, prostate cancer, testicular cancer, lung cancer cases, etc.
- TIA misdiagnosis (Transient Ischemic Attack)
Negligent and Wrongful Diagnosis
Receiving a wrong diagnosis can lead to significant health problems and even death in some cases. Most incorrect diagnosis claims come from doctors who diagnose a patient with a disease that is non-existent, base a diagnosis on a false negative, or underplay a patient’s symptoms.
An example of a wrongful or negligent diagnosis may be a doctor concluding that a nursing mother with inflammation of the breast tissue is suffering from mastitis rather than the true cause, which is breast cancer. Not only can the mother suffer adverse effects from the unneeded antibiotics that the doctor may prescribe to her, but the misdiagnosed cancer can lead to a delay in cancer treatment which in turn can worsen the condition significantly.
Failure to Diagnose and Delayed Diagnoses
Failure to diagnose or delayed diagnosis claims are distinct from wrongful or negligent diagnosis claims because they refer not to the incorrect identification of a medical condition but rather the delay of a proper diagnosis or even simply failing to diagnose the condition altogether.
Failure to diagnose and delayed diagnosis occur when a doctor fails to diagnose a patient’s medical condition or otherwise unnecessarily delays a diagnosis. These claims typically result in the patient developing more significant health problems as a result of the doctor’s failure to address the patient’s illness in a timely manner.
This can prove as equally devastating as a misdiagnosis, as a delayed or undiagnosed condition can deprive the patient of early identification and potentially life-saving treatment.
For example, if a doctor fails to diagnose an early stage of cancer, the delay may cause the severity of cancer to increase, resulting in a higher stage with a much less likely chance of treatment or survival.
What are the Consequences of a Medical Misdiagnosis?
The average number of preventable deaths across the nation is far too high. According to a study published by the journal BMJ Quality and Safety, it’s estimated that up to 1 million people each year die or suffer from a preventable yet permanent disability or condition due to diagnostic errors in hospital and clinic-based healthcare settings.
Aside from the terrifying aspect of a misdiagnosis potentially leading to death, medical and hospital mistakes can also result in a patient’s condition deteriorating, limit one’s ability to achieve proper treatment and recovery, and cause unnecessary mental distress.
What’s more, victims and their families face the repercussions of having wasted time and money on tests and treatments. This may include unnecessary surgery, exposure to risky and dangerous treatments (such as chemo or radiation), and an overall higher risk of complications and death. It’s also possible that the patient will experience adverse effects as a result of taking superfluous medications.
Some treatments (or lack thereof) may also cause a misdiagnosed patient to suffer mental and emotional distress, including depression, anxiety, and PTSD. All of this must be considered when pursuing a misdiagnosis / delayed diagnosis / failure to diagnose claim.
Can You Sue a Doctor for Misdiagnosis?
Yes, you can sue a doctor for misdiagnosis if it results in harm. To pursue a misdiagnosis medical malpractice claim, you must prove that your doctor failed to provide the standard of care expected when diagnosing you, and this failure directly caused injury or worsened your condition.
If this can be proven, you may receive compensation for all losses and damages associated with your injury or harm, including accumulated medical bills, lost wages, physical pain and suffering, emotional distress, and more.
What To Do When a Doctor Misdiagnosed You
As you may already very well know, the potential consequences of a misdiagnosis can be devastating, as your ability to access proper treatment and make a full recovery becomes severely limited. Not only that, but failure to diagnose a condition or the false characterization of an illness can lead to permanent injuries or even death.
If you have been or believe you have been misdiagnosed, the first thing you should do is seek immediate medical treatment to correctly identify and treat your current illness as well as any illness that occurred as a result of your previous doctor’s misdiagnosis. It is imperative that you inform your new doctor of any and all of your previous doctor’s actions.
The next thing you should do is contact a local medical misdiagnosis attorney as soon as possible. Your medical misdiagnosis lawyers can help you in building a strong case against the responsible physician or medical professionals.
At TLF, we are experienced with claims involving the misdiagnosis of life-threatening conditions, including but not limited to meningitis, cancer, bowel obstructions, sepsis, hemorrhage, infection, heart attacks and stroke, as well as delays in treatment and care that can be catastrophic or even fatal for victims of this type of medical malpractice.
How Do You Prove Misdiagnosis?
Medical malpractice cases, in general, can be hard to prove, and misdiagnosis cases are no exception. This is because there are a number of regulations in place that protect medical professionals from malpractice lawsuits. However, it is certainly not impossible, especially with the help of a skilled team of misdiagnosis lawyers like those at TLF: The Medical Injury Law Firm.
In order to bring forward a successful claim, it’s necessary to prove beyond a reasonable doubt that the responsible physician failed to uphold the proper medical standard of care. This simply refers to the requirement that a medical professional must provide a level of care that is equivalent or exceeds what would be expected of any other physician in the same situation and with the same level of expertise.
In order for courts to consider misdiagnosis a form of medical malpractice, the following things must be made evident:
- The patient was placed in the care of said physician for a condition, symptoms, and/or treatment;
- The physician deviated from the appropriate medical standard of care;
- The physician’s negligence resulted in the patient’s injury or illness; and
- The injury or illness led to specific damages, including but not limited to:
- Physical pain and suffering
- Mental anguish
- Unnecessary medical expenses
- Lost work and earning capacity
- Death
Why You Need a Misdiagnosis Attorney
Proving negligence and the resulting damages can be difficult to do alone, which is why the best thing anyone in such a situation can do is equip themselves with an experienced Kentucky or Ohio failure to diagnose lawyer.
When you develop an attorney-client relationship with TLF, our attorneys will assist you in finding out exactly what happened leading up to the misdiagnosis and how it affected you. We will then get to work building your claim and ensuring you obtain the appropriate amount of compensation to aid in your recovery.
This might include contacting the necessary witnesses, collecting medical documentation, consulting with experts, and meticulously preparing your case for trial. Rest assured, our medical misdiagnosis attorneys are dedicated to seeing our clients compensated for the negligence that caused them harm, whether that’s through a fair settlement or a court battle.
How Long Do You Have to Sue for Misdiagnosis?
Like with any other personal injury or medical malpractice case, filing a lawsuit for a missed or delayed diagnosis must be done within a certain time frame in order to remain valid. This is to help preserve the integrity of the case and ensure all time sensitive information is addressed and accounted for.
Under Ohio law, you generally have one year from the date of the medical misdiagnosis or the discovery of the injury to file a lawsuit against the responsible medical provider.
Kentucky also typically only allows one year from the date of the misdiagnosis or when the injury was discovered, although certain exceptions do apply.
Consulting with an attorney familiar with medical malpractice laws in your state can ensure you file within the required time frame and all legal boxes are checked for your case to move forward.
Call the Cincinnati and Covington Misdiagnosis Lawyers at The Lawrence Firm Today
If you or a loved one has suffered as the result of a misdiagnosis, our dedicated medical misdiagnosis lawyers in Northern Kentucky and Ohio can assist you in asserting your rights and fighting for justice on your behalf.
At TLF: The Medical Injury Law Firm, our diverse team is experienced in a variety of medical malpractice claims, including misdiagnosis, anesthesia mistakes, medication errors, surgical errors, and much more. We are dedicated to seeing our clients recover damages for any pain and suffering, medical expenses, future care needs, and wrongful death that may have occurred at the hands of a negligent medical professional. While we will strive to achieve a significant settlement outside of court, we are not afraid to take your case to trial.
If you have more questions about medical malpractice or if you seek representation for your case, schedule a free consultation with one of our experienced wrongful diagnosis attorneys today. You can call us toll-free at (800) 698-4054 or fill out our online intake form (found below).
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We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.