When Misdiagnosis Becomes Medical Malpractice
As dangerous as a misdiagnosis can be, not all cases are considered medical malpractice.
A timely and proper diagnosis is required for patients to undergo the most suitable treatment. Unfortunately, misdiagnosis occurs every day, with an estimated 10 to 20 percent of all cases ending in misdiagnosis. A misdiagnosis puts a patient’s life in jeopardy and in some cases, leads to death. As dangerous as a misdiagnosis can be, not all cases are considered medical malpractice. Proving negligence can be a difficult process, but the lawyers at Cardaro and Peek can help you win your case.
Understanding Types of Misdiagnosis
There are several different types of misdiagnosis. The first includes missed diagnoses, which occurs when a doctor examines a patient and deduces that they are healthy. If the doctor fails to diagnose a patient with an illness, that patient could end up foregoing otherwise necessary treatment.
The second type of misdiagnosis is the incorrect diagnosis. When a doctor diagnoses a patient with the wrong condition, the patient may receive treatment for an illness that he or she does not have.
The delayed diagnosis occurs when the doctor diagnoses the patient correctly but after a significant time has passed, and the patient suffers as a result.
Commonly misdiagnosed conditions include but are not limited to cancer, Lyme disease, heart disease, lupus, depression, endometriosis, celiac disease, and appendicitis.
Proving Medical Malpractice
Medical errors often occur without neglect, but medical malpractice occurs when negligence can be proven.
- A doctor-patient relationship must exist and can be proven.
- The physician must be proven negligent when diagnosing the patient. If a reasonable, similarly trained doctor would have diagnosed the patient correctly, it’s likely that the doctor in question was negligent.
- The patient needs to prove that the diagnosis was harmful to his or her health. In some cases, this involves proving that the negligence was harmful to the health of a loved one.
- The patient needs to outline specific damages including economic, non-economic, and punitive.
Contact The Law Offices of Cardaro & Peek, LLC Today
The lawyers of Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , Google+ , and LinkedIn for more information.
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