Diagnosis Error Lawsuits
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What Is a Diagnosis Error?
A diagnosis error is a mistake made by a doctor or other physician regarding a patient’s medical condition or health status. Diagnosis errors are dangerous because the patient could suffer direct injuries or injuries in the future based on the medical treatment they receive. This is especially true when it comes to surgeries, medications, and other major types of treatment that a patient can undergo.
In most cases, it is a doctor or physician who is held liable for medical malpractice due to a diagnosis error. However, in some cases, other parties might be responsible as well, such as nurses, administrators, or other clerical staff. An entire hospital organization can be found liable for a violation if there are widespread health violations occurring throughout the organization’s practices.
What Are Some Examples of Diagnosis Errors?
The most common type of diagnosis error is a failure to diagnose. This can happen if a patient is critically ill or has a serious medical condition, and the doctor fails to take reasonable steps in detecting or diagnosing the illness. Other types of diagnosis errors include:
- Misdiagnosis of a condition, such as diagnosing a broken bone as a mere sprain or strain
- Diagnosing the wrong patient
- Miscalculating the severity or stage of a progressive illness
- Recommending procedures that are unnecessary or overly demanding for the patient
- Declaring an injury in the wrong area of the body (this can happen if, for instance, an x-ray is mixed up with another patient’s)
Diagnosis error lawsuits can also include other factors, such as prescribing wrong medicines or suggesting the wrong type of treatment. Any additional factors vary depending on state laws as well as the condition of the patient. In most cases, a doctor or physician must be found negligent in order for the patient to file a lawsuit. In other words, if the doctor took all reasonable steps and followed the correct medical procedures in making a diagnosis, they might not be found liable.
What Are the Legal Remedies for a Diagnosis Error Lawsuit?
Most diagnosis error lawsuits are actually medical malpractice claims. A successful medical malpractice claim will usually result in a damages award that will compensate the victim for financial issues such as:
- Additional hospital bills
- Pain and suffering expenses
- Wrongful death issues and loss of consortium claims
Other consequences of a misdiagnosis lawsuit can include civil fines and a loss of a medical license for the negligent physician. Some states may regulate the total amount of damages in a medical malpractice case.
Should I Hire a Lawyer for Help with a Diagnosis Error?
Diagnosis errors are serious and can lead to injury as well as financial loss. You may need to hire a personal injury attorney in your area if you need assistance with a diagnosis error claim. Your lawyer can provide you with legal research and advice if have any specific inquiries or issues. Also, if you need to file a lawsuit or appear in a court of law, your lawyer will be able to represent you during court proceedings.
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Last Modified: 10-09-2015 01:24 PM PDT
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