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Misdiagnosis Claims

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What are Misdiagnosis Claims?

Misdiagnosis claims are personal injury claims that involve a wrong, incorrect, or failed diagnosis of a medical condition. As such, these types of claims typically involve some form of medical malpractice resulting in injury, financial loss, or long-term disease.

Liable parties for medical misdiagnosis may include doctors, physicians, hospital staff, and sometimes entire medical institutions (for instance, if a hospital has unsatisfactory diagnosis policies and procedures).

What are Some Examples of Misdiagnosis?

Some examples of misdiagnosis may include:

  • Failure to diagnose an existing condition such as fibroids
  • Diagnosing the wrong condition (for instance, diagnosing asthma when the condition is actually popcorn lung disease)
  • Pregnancy misdiagnosis (failing to diagnose a pregnancy, not diagnosing twins, etc.)
  • Diagnosing the wrong patient
  • Diagnosing an ailment more than once, leading to unnecessary surgery or prescription medicines
  • Diagnosing the wrong treatment, surgery, or medicine for a known condition

As mentioned, misdiagnosis usually refers to medical misdiagnosis. As such, an expert medical witness may be needed during trial in order to prove what actually happened during the diagnosis process.

Can I Obtain Legal Compensation for a Misdiagnosis Claim?

Legal compensation for a misdiagnosis claim usually involves a monetary damages award. The purpose of this is to help compensate the injured plaintiff for any losses caused by the misdiagnosis. This may include expenses such as additional costs for treatment and medicines, as well as hospital bills.

When proving misdiagnosis, it is generally necessary to prove which specific party is liable for the injuries. Also, the injuries need to be real and not imagined, and it must be possible to calculate the injuries in terms of a dollar amount.

Lastly, some states enforce limits on medical malpractice awards. This may put a cap on the total amount that the plaintiff is allowed to recover for their losses.

Do I Need a Lawyer for Help with a Misdiagnosis Claim?

Medical misdiagnosis claims can sometimes involve complex legal concepts and ideas. You may need to hire a lawyer for help if you need advice with any type of misdiagnosis issues. Your attorney can provide you with valuable representation in a court of law. This will ensure that your interests are protected, and that you obtain the desired outcome for your specific case.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 12-07-2015 02:09 PM PST

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