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When you or a loved one are unwell, you place immense trust in the expertise of doctors and healthcare providers. But what happens when that trust is broken? If a medical professional’s failure to provide adequate care results in harm, you may have the right to file a medical malpractice lawsuit.
The experienced legal team at Shelsby & Leoni are among Delaware and Maryland’s leading trial attorneys in medical malpractice. We offer a free case evaluation to help you understand your options and fight for the justice you deserve.
Understanding Medical Misdiagnosis
Medical misdiagnosis is a significant type of diagnostic error that can have severe consequences for a patient’s health. It includes several scenarios:
| Type of Misdiagnosis | Description |
| Delayed Diagnosis | A failure to identify a condition in a timely manner, allowing it to progress. |
| Incorrect Diagnosis | Diagnosing a patient with the wrong illness, leading to improper and potentially harmful treatments. |
| Failure to Diagnose | Overlooking a disease or condition entirely, leaving the patient without any treatment. |
Common causes for these errors include doctor inexperience, rushed consultations, incomplete patient information, and cognitive biases.
What are the Most Commonly Misdiagnosed Diseases?
While any condition can be misdiagnosed, some appear more frequently in malpractice cases. Cancer is a primary example, as its early symptoms—such as fever, fatigue, and weight loss — can be mistaken for less serious ailments.
Early detection is critical. For instance:
- Breast Cancer: 99% five-year survival rate when caught in its initial stages.
- Cervical Cancer: 92% five-year survival rate when detected early.
- Lung Cancer: 61% survival rate if identified before it spreads.
Beyond cancer, a recent study highlighted five conditions that account for nearly 40% of all documented harm from diagnostic errors:
- Stroke
- Sepsis
- Pneumonia
- Venous Thromboembolism (blood clots)
- Lung Cancer
If you believe your condition was misdiagnosed, a consultation with a medical negligence attorney can help clarify your legal standing.
The Far-Reaching Consequences of Misdiagnosis
A diagnostic error is more than just a mistake; it can fundamentally alter a person’s life. The consequences extend from physical harm to severe financial and emotional distress.
- Medical Complications: Patients may undergo inappropriate surgeries or be prescribed incorrect medications, leading to dangerous side effects and a worsening of their actual condition.
- Financial Burden: The initial cost of a misdiagnosis can skyrocket. An ER visit for what was called a migraine might turn into a stroke, leading to ambulance rides, intensive care, and long-term rehabilitation — all adding thousands to your medical bills.
- Erosion of Trust: A negative experience can create a lasting mistrust in the medical system, causing patients to avoid necessary future care.
Studies show that misdiagnosis contributes to the deaths of approximately 371,000 people and permanently disables 424,000 each year.
How to Prove a Medical Misdiagnosis Claim
To build a successful medical malpractice lawsuit based on misdiagnosis, you and your attorney must prove two key elements:
- Negligence: You must demonstrate that the healthcare provider failed to act with the same level of skill and care that a reasonably competent professional would have under similar circumstances.
- Harm: You must prove that this negligence directly caused you injury or made your condition worse.
Your attorney will gather crucial evidence to support your claim, including:
- Medical records and test results
- Expert testimony from other medical professionals
- Your doctor’s professional history
- Statements from you, your family, and other witnesses
How Long Do I Have to Sue for Misdiagnosis?
The time limit to file a lawsuit, known as the statute of limitations, varies by state. In the Delaware, Maryland, and DC area, these deadlines can differ significantly. It is crucial to contact a medical malpractice attorney as soon as possible to ensure you do not forfeit your right to seek compensation.
Do You Need a Lawyer to Sue a Hospital for Misdiagnosis?
Yes. Proving a medical misdiagnosis case is complex and requires significant legal and medical expertise. An experienced medical misdiagnosis attorney will:
- Build a Strong Case: They will gather the necessary evidence and construct a compelling argument that links the provider’s error directly to the harm you suffered.
- Negotiate on Your Behalf: Whether through settlement negotiations or a trial, your lawyer will advocate for fair compensation for your medical bills, lost wages, and non-economic damages like pain and suffering.
- Handle Denials and Appeals: If your initial claim is denied, your attorney can manage the appeals process, giving you a second chance at justice.
Take the First Step Today: Contact an Experienced Medical Misdiagnosis Lawyer
If a misdiagnosis has impacted your life, the attorneys at Shelsby & Leoni are here to help. We are committed to providing accessible, high-quality legal care to injured patients. Contact us today for a free, confidential consultation to discuss your case.
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