Filing a Lawsuit for a Misdiagnosis: The Basics

Mentioning medical malpractice often conjures images of a doctor committing some sort of surgical error, giving the wrong prescription to a patient, causing a birth injury during delivery of a newborn, and other negligent actions. The odd truth is that many medical malpractice cases involving some of the worst patient injuries are actually caused by a misdiagnosis, or what the doctor did not do. There are many ways a misdiagnosis can occur, such as diagnosing the wrong illness, taking too long to diagnose an injury correctly, and simply failing to make a diagnosis at all. In any situation, the patient can feel like an uphill legal battle is ahead as they try to prove the existence of harm caused by a misdiagnosis.

What to Do When Filing a Misdiagnosis Claim

  1. Medical records: Start by getting a copy of your medical records. Thoroughness will pay off here, so feel free to go as far back into your records as you wish. This is especially important if you think you should have reasonably been diagnosed for your condition years ago but never were due to a doctor’s oversight. Make note of any interactions with your doctor that seem suspicious, such as being rapidly dismissed from a checkup without getting a chance to voice your concerns.
  2. Nonmedical paperwork: After going through your medical records and keeping a copy for yourself, look for nonmedical paperwork and documentation that could come in handy. Communications through email or text messaging with your doctor or clinic could be crucial for the case you are trying to build. Remember that legal work likes hard copies, so print out any useful digital communications you find.
  3. Subsequent opinions: It will be difficult to make a successful misdiagnosis claim if every medical professional you encounter agrees your doctor actually did the right thing and met acceptable standards of medical care. Of course, you will not know the thoughts of other doctors in the same field if you do not consult them. Get a second opinion from a trusted doctor before you decide to file your claim.

If everything points towards a doctor’s misdiagnosis that caused your condition or worsened help, you should next find a trusted medical malpractice attorney. With more than 30 years of total legal experience and huge recoveries won for our clients, Golomb Legalhas become a leading name in medical malpractice and misdiagnosis representation throughout Pennsylvania. Contact our Philadelphia injury law attorneys today to find out more about our services and your options.