One of the most common questions medical malpractice attorneys get is "Can I sue my doctor"? The answer to that question depends on the circumstances of the case. Many medical malpractice lawsuits involve misdiagnosis of a medical condition or disease. Most often misdiagnosis medical malpractice lawsuits arise in relation to:
- Breast Cancer;
- Lung Cancer;
- Colorectal Cancer;
- Heart Attack; and
- Appendicitis.
However, a misdiagnosis case may arise in relation to any disease or medical condition. (See also misdiagnosed urinary tract infection and urosepsis).
Who Can Be Sued For Misdiagnosis?
Not only can the primary physician be sued for misdiagnosis, anyone involved in the patient’s care or treatment may be sued. This includes nurses, laboratories, the hospital, hospital staff, the medical practice of the primary physician, any specialists who may have seen the patient, the medical practices of the specialists, surgeons, and surgical staff.
Typically the allegation of misdiagnosis involves either a delayed diagnosis or mismanagement of diagnostic testing. Misdiagnosis may also involve:
- Failure to screen for a particular medical condition;
- Failure to refer a patient to a specialist;
- Misinterpretation of lab tests; and
- Failure to listen to a patient.
Misdiagnosis or delayed diagnosis may impact the patient in a variety of ways including:
- Exposing the patient to more aggressive treatment than would have been required if the disease or medical condition had been diagnosed earlier;
- Needlessly exposing the patient harmful medication;
- Performing unnecessary surgical procedures which often leave the patient disfigured;
- Increased likelihood of complications; and
- Increased likelihood of death.
What is the Statute of Limitations for a Misdiagnosis Case?
The statute of limitations in a medical malpractice misdiagnosis case is governed by the law of the state in which the case will be filed. In some jurisdictions, the statute of limitations may not begin to run until the discovery of the injury; in others, the statute of limitations begins to run on the date of the injury. The statute of limitations may also vary depending upon the specific allegations of the lawsuit.
How to Prove a Medical Malpractice Misdiagnosis Case
If a patient sues a doctor for misdiagnosis, he must be able to prove more than a mistake or error on the part of the doctor. Although the exact legal requirements for proving a misdiagnosis case vary from jurisdiction to jurisdiction, generally a patient must prove that his doctor did not use the normal or accepted standard of care for medical professionals in the area.
Getting Legal Help
Suing a doctor for medical malpractice is a very complex and complicated process. Therefore, it’s best to hire an experienced medical malpractice attorney. Your attorney will review the facts of your case, formulate a legal strategy, and represent you in settlement negotiations and, if necessary, at trial.
