Medical malpractice lawsuits often center around avoidable medical errors. Common examples of medical malpractice are when a surgeon amputates the wrong limb during surgery or a pharmacist dispenses the incorrect medication, creating adverse side effects.
However, you can also recover compensation in a medical malpractice case for a doctor’s failures rather than their actions. Medical misdiagnosis is one of the most common medical errors that medical malpractice cases center around.
A Los Angeles misdiagnosis attorney can review your case and advise you on how to prove medical misdiagnosis and gain compensation for your suffering.
What Counts as Medical Misdiagnosis?
There are two main types of medical misdiagnosis. The first occurs when a doctor fails to correctly identify a medical condition that should have been identified, given a patient’s symptoms and medical history.
For example, a doctor may believe abdominal pains indicate a mild digestive issue when in fact, the patient is dealing with a tumor. A doctor should listen to a patient’s complaints and conduct thorough testing to rule out possible severe medical conditions.
When a doctor fails to give adequate care, the patient can seek compensation by consulting with a Los Angeles misdiagnosis attorney.
The second form of medical misdiagnosis happens when a doctor incorrectly diagnoses a patient with a condition they don’t have.
In addition to the emotional anguish that can come from an incorrect diagnosis, the doctor may put a patient through unnecessary or harmful procedures, surgeries, and prescribed medications.
The consequences of treating incorrect diagnoses may even be life-altering or fatal.
Tips for Proving Medical Misdiagnosis
When you pursue a medical malpractice case, your lawyer does most of the work to build an argument for negligence and prove your losses. However, successfully proving medical malpractice requires evidence. As a patient, how can you help increase your case’s success by providing correct, detailed evidence to your lawyer?
Proving a Doctor-Patient Relationship
The first step to any medical malpractice case is to prove the doctor in question was your healthcare provider. A medical facility often can’t deny that a patient was treated by them, especially if the patient’s insurance company has documented evidence that corroborates treatment.
However, you should always keep careful records of your treatment, especially if you paid for any out-of-pocket expenses, such as co-pays. Documentation should include appointment notes, test results, medications, and procedures. Request copies of documentation and save them in your files.
Proving Medical Negligence
Next, you’ll need to prove that a doctor’s misdiagnosis was a matter of medical negligence. Doctors often create a diagnostic list when identifying the possible medical issues a patient is experiencing.
If your condition appears on your doctor’s diagnostic list, but your doctors didn’t order routine testing or failed to correctly read the results of imaging or bloodwork, you likely have evidence to support a misdiagnosis claim.
Your medical records will also document the symptoms you shared with your doctor. If your symptoms merited testing for a specific condition, and your doctor failed to conduct the appropriate tests, you may have a strong claim for medical misdiagnosis.
Choosing a Lawyer with Medical Experience
Medical malpractice is one of the most complicated areas of personal injury law. A lawyer not only needs to possess knowledge of personal injury law, insurance tactics, and medical malpractice, but they also need considerable medical knowledge.
The more your medical malpractice attorney knows about medical conditions and the procedures that doctors follow, the better they are at identifying whether negligence occurred and building a case that holds up in court.
Choosing a Los Angeles misdiagnosis attorney with medical expertise can determine whether your lawsuit is successful and how much compensation you can obtain. Preparing for your consultation and considering a lawyer’s medical knowledge can help you choose the right attorney.
Speak with a Los Angeles Misdiagnosis Attorney Today
If you’ve been the victim of misdiagnosis or another form of medical malpractice, The Trial Law Offices of Bradley I. Kramer, M.D., Esq. can help you recover compensation for your medical ordeal.
Dr. Bradley Kramer is a licensed physician and medical malpractice attorney. His medical knowledge informs his legal approach, helping him build successful client cases.
Recovering compensation for medical misdiagnosis begins with a free consultation to learn more about your options. Contact The Trial Law Offices of Bradley I. Kramer, M.D., Esq. and speak with a Los Angeles misdiagnosis attorney today.