Missed or delayed diagnosis is one of the most common forms of medical malpractice. According to the National Academy of Medicine, at least 5% of patients who undergo outpatient care experience a diagnostic error. This may include patients with healthcare providers who do not believe their symptoms or who fail to order appropriate tests. It may also include victims of misread or misunderstood lab results or any other error in diagnosing a serious illness or disease, particularly in cases of Atlanta misdiagnosis.
Atlanta misdiagnosis lawyers are experts in handling such cases, understanding the serious repercussions of misdiagnosis on health and well-being.
A missed or delayed diagnosis can complicate even minor health concerns. The issue becomes very serious when a diagnostic error involves things like:
- Brain Injury
- Meningitis
- Cancer
- Parkinson’s Disease
- Lyme Disease
- Multiple Sclerosis
If you or someone you love is now facing the consequences of a missed or delayed diagnosis, you may be entitled to seek compensation for medical expenses along with any related pain and suffering. If you suspect you have a case against a healthcare provider, we encourage you to use the contact form on this page or to call one of our Atlanta-area offices today to schedule a free case review and learn more about your options. Potential clients can discuss their circumstances with experienced attorneys without financial obligation during a free consultation.d to seek compensation for medical expenses along with any related pain and suffering. If you suspect you have a case against a healthcare provider, we encourage you to use the contact form on this page or to call one of our Atlanta-area offices today to schedule a free case review and learn more about your options.
What is Medical Misdiagnosis?
Medical misdiagnosis occurs when a healthcare provider fails to accurately diagnose a patient’s medical condition, leading to delayed or incorrect treatment. This can result in serious harm or even death. Medical misdiagnosis can take many forms, including delayed diagnosis, incorrect diagnosis, and failure to diagnose. Each of these errors can have devastating consequences for patients and their families, as they may lead to the progression of untreated medical conditions, unnecessary treatments, or even fatal outcomes. As a type of medical malpractice, medical misdiagnosis underscores the critical importance of accurate and timely diagnosis in healthcare. Medical misdiagnosis lawyers play a crucial role in helping individuals who have suffered from incorrect medical diagnoses by pursuing claims for justice and compensation.
Causes of Misdiagnosis
There are numerous potential causes of medical misdiagnosis, each contributing to the risk of diagnostic errors. Human error is a significant factor, as medical professionals are not infallible and can make mistakes when diagnosing patients. Communication breakdowns between healthcare providers, patients, and families can also lead to misdiagnosis, as vital information may be misunderstood or overlooked. Inadequate training or experience among healthcare providers can increase the likelihood of diagnostic errors, particularly in complex or rare medical conditions. Additionally, a lack of access to necessary resources or equipment can hinder accurate diagnosis, as can inadequate documentation or record-keeping, which may result in incomplete or incorrect patient information being used in the diagnostic process.
Consequences of Misdiagnosis
The consequences of a wrong diagnosis can be severe and wide-ranging, affecting patients physically, emotionally, and financially. Physically, misdiagnosis can lead to delayed or incorrect treatment, resulting in harm or injury that could have been avoided with a correct diagnosis. Emotionally, the experience of being misdiagnosed can be devastating for patients and their families, causing significant distress and trauma. Financially, misdiagnosis can impose a heavy burden, with patients facing substantial medical bills and potential loss of income due to their condition. Furthermore, the overall quality of life for patients and their families can be significantly diminished as a result of the misdiagnosis and its repercussions.
Commonly Misdiagnosed Conditions
Certain medical conditions are more commonly misdiagnosed than others, often due to their complex or subtle symptoms. Accurately evaluating a patient’s symptoms is crucial to reach a correct diagnosis and avoid misdiagnosis. Cancer, for instance, is frequently misdiagnosed, particularly in its early stages when symptoms may be vague or resemble less serious conditions. Heart disease is another common condition that is often misdiagnosed, sometimes being mistaken for less critical issues like indigestion or anxiety. Stroke, a medical emergency requiring immediate attention, is also prone to misdiagnosis, especially in younger patients or those without typical risk factors. Infections such as sepsis and meningitis can be misdiagnosed due to their rapid progression and overlapping symptoms with other illnesses. Mental health conditions, including depression and anxiety, are often misdiagnosed as well, sometimes being attributed to stress or other non-psychiatric issues. These examples highlight the importance of thorough and accurate diagnostic processes in healthcare.
Proving Negligence in Medical Malpractice Cases
Proving negligence in medical malpractice cases can be a complex and challenging process. To establish negligence, the plaintiff must demonstrate that the healthcare provider failed to meet the standard of care expected of a reasonably prudent medical professional in similar circumstances. This requires showing that the provider’s actions or omissions deviated from the accepted medical standards, resulting in harm to the patient.
In medical malpractice cases, negligence can take many forms, including:
- Failure to diagnose or misdiagnosis of a medical condition
- Delayed diagnosis or treatment
- Incorrect or inadequate treatment
- Failure to obtain informed consent
- Failure to monitor or follow up with the patient
To prove negligence, the plaintiff must present expert testimony from a qualified medical professional who can attest to the standard of care and how the defendant’s actions fell short of that standard. The expert must also establish a causal link between the defendant’s negligence and the patient’s harm. This process underscores the importance of having experienced medical malpractice lawyers who can navigate the intricacies of these cases and build a compelling argument on your behalf.
Recovering Damages in a Medical Malpractice Lawsuit
If a medical malpractice lawsuit is successful, the plaintiff may be entitled to recover damages for their injuries and losses. The types of damages that can be recovered in a medical malpractice lawsuit include:
- Medical bills and expenses
- Lost wages and income
- Pain and suffering
- Emotional distress
- Loss of consortium (in cases where the patient’s spouse or family member has been affected)
- Punitive damages (in cases where the defendant’s conduct was reckless or intentional)
The amount of damages that can be recovered in a medical malpractice lawsuit varies widely depending on the specific circumstances of the case. In general, the plaintiff must demonstrate that the defendant’s negligence resulted in significant harm or injury, and that the damages sought are reasonable and necessary to compensate for those losses. This often involves detailed documentation of medical bills, expert testimony on the extent of the harm, and a thorough understanding of the patient’s symptoms and medical history.
Time Limits for Filing a Medical Malpractice Lawsuit
In Georgia, there are time limits for filing a medical malpractice lawsuit. The statute of limitations for medical malpractice cases is typically two years from the date of the injury or harm. However, there are some exceptions to this rule, including:
- Cases involving minors: The statute of limitations may be tolled (or delayed) until the minor reaches the age of majority (18).
- Cases involving delayed discovery: The statute of limitations may be extended if the plaintiff did not discover the injury or harm until a later date.
- Cases involving continuous treatment: The statute of limitations may be extended if the plaintiff received continuous treatment from the defendant for the same condition.
It is essential to consult with an experienced medical malpractice attorney to determine the applicable statute of limitations in your case and to ensure that your lawsuit is filed within the required timeframe. An Atlanta misdiagnosis lawyer can provide the guidance needed to navigate these legal complexities and help you pursue the compensation you deserve.
Do I Need a Georgia Medical Malpractice Lawyer?
Medical malpractice claims are very difficult to win. Most will never make it to trial, but those that do are almost always decided in the favor of the physician or healthcare provider. Physicians prevail in 70 to 90% of cases with moderate to weak evidence and even in half of those with strong or compelling evidence. Without an attorney on your side, it is unlikely that you will be able to build a strong enough case to secure fair compensation.
The lawyers at Chance, Forlines, Carter & King, including our experienced Atlanta misdiagnosis lawyer, have decades of experience and a proven record of success in holding negligent medical practitioners to account. We welcome an opportunity to meet with you, free of both cost and obligation, to look over your case, discuss all reasonable options, and help you choose the best path forward.
Please call us at 404-760-7400 to schedule your complimentary case review at one of our Atlanta, and Augusta offices today. We serve victims of medical malpractice living throughout Georgia. Potential clients can discuss their circumstances with experienced attorneys without financial obligation during a free consultation.