Placing your health in the hands of medical professionals comes with an expectation of receiving proper care. Unfortunately, not all practitioners live up to the trust their patients place in them. Injuries stemming from negligent actions, such as a misdiagnosis, can have an enduring effect.
A misdiagnosis can allow a critical condition to remain untreated or lead to unnecessary treatments. This not only affects you physically but can also result in psychological stress.
If you’ve experienced an injury due to a misdiagnosis in Atlanta, Georgia, our medical malpractice lawyers at Malone Law are ready to assist you in seeking the compensation you’re entitled to for your suffering. Reach out for a free consultation at (770) 390-7550. You incur no fees unless we win your case and get a financial award on your behalf.
How Malone Law Can Help if You’ve Been Harmed by a Misdiagnosis in Atlanta, GA
When a patient faces a severe health condition, the accuracy of their healthcare provider’s diagnosis is critical to their future. At Malone Law, our Atlanta medical malpractice lawyers recognize the significant impact a misdiagnosis can have.
With an extensive background in both personal injury law and medical complexities, Malone Law equips our clients with the competitive advantage necessary for securing rightful compensation in medical malpractice claims.
Engaging our services for your misdiagnosis case means we will:
- Carefully review the details surrounding the diagnostic error
- Partner with esteemed medical specialists to understand the nature of the mistake
- Identify all parties whose negligence contributed to the misdiagnosis
- Calculate the full extent of your damages
- Manage all settlement negotiations from start to finish
The insurance company will prioritize its profits over your health and well-being. Our Atlanta misdiagnosis lawyers will ensure a level playing field by safeguarding you against the insurance company’s attempts to minimize or deny your claim. Reach out to our law offices in Atlanta, GA, to discover how we can advocate on your behalf.
What Is Misdiagnosis?
When a healthcare provider incorrectly identifies your medical condition, this is known as a misdiagnosis. You are entitled to claim financial compensation for any adverse effects the error had on your life. If a misdiagnosis contributed to the early death of a loved one, you have the right to seek compensation for them as well.
Misdiagnoses happen when a healthcare professional incorrectly concludes a patient’s condition or incorrectly interprets test results. It’s estimated that the average healthcare professional will incorrectly diagnose about 5% of their patients over the course of their career. Whether a medical provider faces lasting consequences for a misdiagnosis often depends on whether the mistake was significant enough for the patient to consider legal action.
In most instances, legal action for malpractice due to misdiagnosis is directed at the individual healthcare provider.
Misdiagnoses can occur in the following ways.
Incorrect Assumption
When healthcare professionals jump to the wrong conclusions, it can have a severe impact on your well-being.
Imagine visiting your doctor due to back pain, and without administering any tests, they tell you it’s merely a muscle strain. Your doctor dismisses your concerns, assuming it’s a simple issue. However, if it turns out to be a herniated disc that worsens due to lack of treatment, the initial misdiagnosis has caused you significant harm.
Misdiagnoses can also happen if your illness presents in an uncommon way. For instance, most strokes are identified by classic signs like limb weakness, speech difficulties, and facial drooping. Yet, some strokes manifest through less typical symptoms like dizziness and headaches. Overlooking a stroke can lead to severe, sometimes deadly, outcomes for the patient. Those providing care need to be accountable for such oversights.
Misreading Test Results
There are also instances where, despite conducting tests, misdiagnoses still happen. It doesn’t matter to a patient if the misinterpretation of results was caused by a machine malfunction or a mistake made by a human.
For example, being incorrectly informed that you have stage one lymphoma when it’s actually at stage three can be devastating. Patients are entitled to compensation for the pain and decrease in life quality they endure, no matter the reason behind the misdiagnosis.
What an Atlanta Misdiagnosis Attorney Must Prove To Recover Compensation For You
Initiating a malpractice lawsuit isn’t merely about stating that a healthcare provider didn’t diagnose or incorrectly diagnosed your condition. Several requirements must be met before you can file a claim. Our misdiagnosis attorneys in Atlanta will assess whether your case includes the four essential elements needed for success.
Doctor-Patient Relationship
To pursue a claim against your doctor for misdiagnosis, there must have been an established doctor-patient relationship. This relationship obligates the healthcare provider to offer you a certain standard of care. This means there’s an agreed-upon expectation for the medical attention you receive from your doctor.
Required Standard of Care
Healthcare providers are expected to deliver care that meets a universally accepted standard of care. This standard is what any skilled healthcare professional in the same field would deem appropriate. To ascertain what qualifies as an acceptable level of care, your attorney will consult with medical professionals in the same specialty as your doctor.
Violation of the Standard of Care
Once the expected standard of care is defined, it becomes the benchmark for evaluating your doctor’s diagnosis. If your doctor’s care falls short of what is considered reasonable compared to other medical professionals in the same field, then the criteria for a misdiagnosis claim are met.
It’s important to note that if another doctor with similar expertise would have made the same diagnosis, it may not constitute a breach of care.
Damages Resulting from the Breach of Duty
For a medical malpractice claim to proceed, the doctor’s mistake must have caused you harm, either physically or emotionally. If the misdiagnosis didn’t lead to negative consequences, pursuing a case is unlikely to be successful.
A claim can only be made if there were damages incurred that warrant compensation. In instances where a misdiagnosis leads to a patient’s death, the deceased’s relatives may have grounds to file a lawsuit on their behalf.
Contact Our Experienced Atlanta Misdiagnosis Lawyers Today For a Free Case Review
After a misdiagnosis in Atlanta, GA, the priority is to receive the necessary medical treatment to recover. After addressing your health, it’s time to seek compensation for the harm and suffering you’ve experienced.
At Malone Law, our Atlanta medical malpractice attorneys are dedicated to helping you obtain the compensation essential for your comprehensive recovery. Contact us today at (770) 390-7550 to begin the process.