Kansas City Misdiagnosis Attorneys
Many medical malpractice cases come about because a patient has been misdiagnosed. Getting the wrong diagnosis can be scary, harmful, or even deadly. Even though a misdiagnosis can lead to delayed treatment, the wrong treatment entirely, or no treatment, it’s not enough to call for a medical malpractice suit in and of itself. Contact a Kansas City, MO misdiagnosis lawyer, ASAP, if you think you or someone you love have been the victim of a misdiagnosis.
For a misdiagnosis to count as an eligible medical malpractice claim, it must be proven that the misdiagnosis was the result of negligence and that the misdiagnosis caused injury or harm to the patient. Doctors who are exercising caution and the appropriate standard of care can make misdiagnoses. Showing how a doctor arrived at a diagnosis can help prove whether negligence was a factor.
Common types of misdiagnoses include:
- Failure to diagnose or detect an injurious condition.
- Listing the wrong condition entirely.
- Failing to treat a correctly made diagnosis appropriately.
- Making a diagnosis within a delayed time frame, which may have caused a condition to worsen.
- Treating the wrong condition or medication error due to an incorrect diagnosis.
Proving Misdiagnosis as Malpractice
Diagnostic error is typically evaluated to determine negligence. When a doctor is working to make a diagnosis, it is common for him or her to make a list of possible diagnoses and work from and change that list until a reasonable assessment can be made. In determining malpractice, a plaintiff may need to prove that another doctor under similar circumstances would not have arrived at the same conclusion. Each physician will be evaluated in accordance with the standards that his or her field of study have approved.
In some cases, diagnostic equipment used to evaluate a patient may have experienced a malfunction. Alternatively, the technician running diagnostic testing equipment may have made an error. The equipment manufacturer or the technician may be held liable in these circumstances.
The emergency room is a common location for misdiagnoses due to the intense pressure that physicians undergo on a daily basis. Appendicitis and heart attacks can both be misdiagnosed easily in an emergency room setting, causing severe harm to a patient later on. Also surgical errors due to misdiagnoses in an emergency room are very common and can lead to very serious injuries, and even death.
In addition to these considerations, the plaintiff will have to prove that he or she was physically or emotionally and psychologically harmed as a result of the misdiagnosis and wouldn’t have been if the proper diagnosis had been made. Misdiagnosing cancer, for instance, can lead to tumors metastasizing and create a need for more intense treatment than would have been necessary if properly diagnosed. Harm could also include the psychological impact that a misdiagnosis could have. Anxiety and stress can be physically and mentally harmful and caused by receiving the wrong diagnosis.
Retain an attorney that handles medical malpractice cases as soon as you are aware of a misdiagnosis or think you may have been misdiagnosed. Misdiagnoses are one of the main reasons that getting a second medical opinion is always a good idea. This second opinion can also be used as evidence of malpractice in a lawsuit.
For medical misdiagnosis cases in Kansas City, Missouri, contact the team injury attorneys at Fowler Pickert Eisenmenger, LLC. Due to the intricacies of the law surrounding malpractice cases, a knowledgeable attorney is an essential factor in receiving the compensation you deserve. The team at Fowler Pickert Eisenmenger, LLC specializes in medical misdiagnosis cases.
Depending on your unique circumstances, your medical misdiagnosis case may require obtaining medical records and evidence supporting your claims of injury due to malpractice. Your Kansas City, MO misdiagnosis attorney can help you gather the evidence you’ll need to support your claim. You may be eligible for damages including loss of income, treatment expenses, medical expenses, therapy, and medications. While proving a negligent misdiagnosis is hard, having the experienced team at Fowler Pickert Eisenmenger, LLC on your side is a great start in creating a successful case.