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How is a Misdiagnosis Defined as Medical Malpractice?


Medical conditions are sometimes misdiagnosed or overlooked altogether. Some of the most frequently misdiagnosed conditions include:

  • Those with vague symptoms, such as chronic fatigue syndrome, fibromyalgia, lupus, Lyme disease, multiple sclerosis, and hypothyroidism
  • Digestive disorders, including food poisoning, irritable bowel syndrome, and ulcerative colitis
  • Emotional disorders — many of which have a biological cause such as a brain tumor

Unfortunately, sometimes a misdiagnoses can rise to the level of malpractice. If your healthcare provider missed clear cues and a delay in diagnosis lead to a more adverse outcome, you should consider a lawsuit. Here are two reasons why:

  • Your costs: You may be saddled by extra expenses relating to healthcare, as well as decreased earnings potential due to time away from work. In the worst cases, a misdiagnosis can lead to premature (wrongful) death.
  • Other patients: The physician may be making similar mistakes with others. By some counts, only about five percent of all physicians are implicated in more than half of all medical malpractice cases.

In other words, the medical malpractice system helps mitigate expenses that are otherwise borne by patients and their families. It also is a corrective, providing very clear incentives for medical professionals to perform according to basic expectations.

If minimum standards of care are not met and can be tied to injury and loss, you should be able to successfully recover those losses via a settlement or litigation. Contact a knowledgeable attorney today.

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