Louisville Misdiagnosis Attorney

When a medical professional does not identify a patient’s condition, that can lead to improper treatment or no treatment at all. Often, this will cause harm to the patient. Many times, they can face a worsening of the condition, unnecessary procedures, or even death.

Unfortunately, misdiagnosis is common and a serious issue in the health care system. According to the Diagnosis Journal, misdiagnosis often leads to missed vascular events, infections, and cancers, which make up around 75% of consequential harms from these errors. Per StatsPearl data, medical mistakes are the third leading cause of death in the United States.

Have you been affected by these medical mistakes? Some of these types of misdiagnoses can include:

• Wrong diagnosis occurs when a patient is incorrectly diagnosed with a condition they do not have. One common example is mistaking a heart attack for indigestion. Many times, patients may receive treatments that do not address their actual condition, which can lead to the progression of the disease.
• Delayed diagnosis happens when the correct condition is eventually identified, but only after a substantial amount of time has passed. The disease may progress during this delay, leading to a more severe or advanced stage of the illness. For example, a delayed diagnosis of cancer can have dire consequences.
• Missed diagnosis completely overlooks any symptoms. If a healthcare provider fails to recognize the signs of a disease or dismisses the symptoms as benign, it can lead to a life-threatening condition, especially if the illness is serious or rapidly progressing, such as cancer.
• Overdiagnosis involves diagnosing a condition that either does not exist or is unlikely to cause harm if left untreated. These cases can cause unnecessary medical interventions, such as surgeries, radiation, or chemotherapy, which can have side effects.
• Partial diagnosis is another issue when a health care provider correctly identifies one condition but fails to diagnose another related or coexisting condition. This can lead to inadequate treatment plans that do not fully address the patient’s health needs.

Why do these events happen? Human error and resulting negligence is one of the most common reasons. When that happens, you might have a claim for medical malpractice. If you are ready to assess your situation, contact our Louisville misdiagnosis lawyer for a complete evaluation of your circumstances.

If you have a missed, delayed, or partial diagnosis, is it always a case for medical malpractice?

When a health care provider’s actions or omissions fall below the accepted standard of care in the medical community, directly causing harm to the patient, that is known as medical malpractice. However, not every misdiagnosis is considered malpractice. But when it results from negligence or incompetence, you could have grounds for a legal claim.

Like any personal injury claim, your claim must meet the negligence elements. First, you must be owed some duty of care. This is established with a health care provider-patient relationship, where the professional provides medical care to the patient.

After that, the provider must have breached the standard of care expected of a competent health care professional under similar circumstances. This is defined as what a reasonably skilled health care provider in the same field would have done in the same situation. For example, if a reasonably competent doctor would have ordered specific tests based on the symptoms presented, but your doctor failed to do so and misdiagnosed you, that could be considered a breach of the standard of care.

Also, there must be a connection between the misdiagnosis and your injury or worsening health. For instance, if a misdiagnosis of a heart attack as indigestion led to no treatment and you were injured, then the misdiagnosis can be seen as the direct cause of the injury.

Finally, there needs to be some actual harm from the misdiagnosis. These can include physical injury, emotional distress, additional medical bills, loss of income, and other losses.

If you or a loved one believes that there is a case of a misdiagnosis, you need to reach out to a misdiagnosis lawyer in Louisville immediately. These cases center around documented evidence, expert testimony, and quick action. Over time, these elements can fade, making it more difficult to prove your claim. When you consult with an attorney, they will work to evaluate your medical records, consult with medical experts, and determine if the standard of care was breached.

If your lawyer believes there is a strong case, your next step may be a lawsuit. In these cases, you could seek compensation for your damages against the health care provider and the medical facility. While claims can be made, you will need evidence to solidify your case.

Medical records can help to build the foundation of your claim. These documents can show the doctor’s mishandling of your symptoms and document how their decisions led to your injuries and damages. You will also need medical experts to testify about the standard of care, how it was breached, and how the misdiagnosis caused harm.

Many malpractice cases are settled out of court, with the health care provider or their insurance company agreeing to pay compensation. If a settlement cannot be reached, the case goes to trial, where a judge or jury will decide whether your case merits compensation.

If you win the case, you may receive compensation for medical expenses, pain and suffering, lost wages, and other damages. The amount awarded depends on the severity of the harm and the impact on your life.

In Kentucky, the statute of limitations (KRS 413.140) for filing a medical malpractice claim is one year from the date the alleged malpractice occurred or from the date the injury was or reasonably should have been discovered.

But what happens if you are unaware of the misdiagnosis?

With that, the one-year period begins when you discover or should have discovered the injury resulting from the misdiagnosis. This discovery rule allows the statute of limitations to start when the injury is discovered rather than when the malpractice occurred. So, if you are misdiagnosed and the error is found two years later, that one-year period would begin from the date of discovery.

If your doctor or health care provider made a misdiagnosis about your medical condition and harm resulted, you will want to contact the team at McCoy & Hiestand, PLC. With a free initial consultation from our firm, we can help you assess the validity of your claim and take the next steps toward seeking compensation.

Whether your claim involves an inaccurate, missed, or partial diagnosis, you probably have suffered significant losses, including substantial medical bills, lost wages, and even the loss of a loved one. Our Louisville misdiagnosis lawyer will be happy to assist with your potential claim.  Contact us today.