Medical doctors have specialized training to help identify and treat medical conditions. Of course, doctors are not perfect, and they sometimes make mistakes when diagnosing a medical condition. Tragically, this can have dire consequences for patients as they experience a delay in treatment or are even administered the wrong types of treatment.
In many cases, when a misdiagnosis occurs, the care provider and sometimes their employer can be held liable for the losses and damages that occur as a result of the error. It is up to victims to prove the elements of a malpractice claim, though, and that usually means they will need a skilled legal professional on their side due to the complex nature of these cases.
The Birmingham medical malpractice lawyers at Singleton Schreiber can help. Our firm is focused on malpractice claims, and we have been fighting for victims for decades. This means we know the system well, are prepared to stand up to malpractice insurers, and we understand how important it is to keep you informed throughout your case.
We offer compassionate and skilled legal advocacy in the aftermath of your misdiagnosis, so give us a call today to schedule a free consultation with a Birmingham personal injury lawyer and learn how we can fight for you.
How Does A Misdiagnosis Happen?
Doctors are trained to recognize the symptoms of medical conditions and to provide appropriate diagnostic testing and treatment. Unfortunately, sometimes this does not occur. Many different mistakes could be made that result in an incorrect diagnosis, including:
- Cognitive bias on the part of medical care providers that causes them to miss obvious symptoms or potential causes of symptoms
- Failure to perform the right medical testing
- Not listening to a patient's description of symptoms
- Failure to take a complete medical history
- Spending too little time with the patient and missing important details
- Mix-ups with test results or errors in reading test results
- Failure to notify the patient of test results
- Misunderstanding the cause of a patient's symptoms
Physician burnout can also play a role in misdiagnosis, as many clinics and healthcare facilities have been bought by major corporations that put pressure on doctors to see patients as quickly as possible without taking the time to ensure there are no communication breakdowns.
What Are The Consequences Of A Misdiagnosis?
The consequences of a misdiagnosis can be dire for a patient. Some of the potential problems that can arise due to a medical condition being misdiagnosed include:
- Receiving unnecessary treatments that are expensive, time-consuming, psychologically damaging, or that cause other health issues to develop
- Not receiving treatment for a serious underlying condition, such as a patient with a heart attack who is sent home without treatment because the doctor confuses it for a panic attack, or a patient whose cancer is misdiagnosed as a benign condition.
Patients can experience progression of their underlying health issues that can make it much harder or even impossible for them to be treated.
For example, while most cancers are treatable at Stage I, by the time the cancer progresses to Stage IV, it is generally impossible to cure the cancer. The patient may be left with limited options to prolong their life because of the misdiagnosis.
Is Your Doctor Or Hospital Liable For Your Damages?
In many cases, doctors or care providers who misdiagnose a condition can be held responsible for the resulting harm. However, there are some complications involved in bringing malpractice claims based on misdiagnosis. Specifically:
- You must prove a reasonable doctor with similar training would not have made the same mistake. For example, a cardiologist is held to a higher standard in recognizing a heart attack than a family physician who doesn't have advanced training.
- You must prove that the harm you experienced occurred due to the misdiagnosis and not because of the underlying condition. For example, your doctor may try to argue that your cancer would have progressed anyway, even if you had been diagnosed early, and thus try to claim you were not actually damaged by the misdiagnosis
Because these cases can be complex and require highly technical arguments, it is important that you have the right Birmingham misdiagnosis lawyer who can help you to present solid evidence, find experts, and prove exactly how your doctor harmed you.
Your attorney can also help you to determine when hospitals or other care facilities should be held liable, along with the doctor who actually misdiagnosed you. In most cases, if a doctor is working for a hospital or clinic, then the care facility is vicariously liable for the doctor's negligence under Alabama law, even if the facility itself was not negligent.
Because of vicarious liability rules, you don't have to prove the hospital itself fell short. The facility is responsible for the damage done by the negligence of those who work for them, as their employees are considered to be their agents.
A Birmingham Misdiagnosis Lawyer Will Fight For You
Taking legal action after a misdiagnosis is important, especially if you or someone you love has suffered serious health consequences or has been killed as a result of a doctor's failure to diagnose you properly. You should be entitled to medical bills, lost wages, pain and suffering, emotional distress, and wrongful death in appropriate situations.
Singleton Schreiber has been fighting on behalf of victims of medical negligence for decades, and we have recovered millions of dollars for patients who were misdiagnosed. We are skilled negotiators and experienced litigators who have a solid reputation for top-notch client service. You can feel confident when you put your case in our hands that we will be there for you every step of the way.
At Singleton Schreiber, our Birmingham misdiagnosis lawyers don't charge you legal fees unless we win, and we will treat your case with the importance it deserves. We are always here to answer questions or offer advice if you need us. We have a long history of satisfied clients and successful outcomes, so you can trust us in your pursuit of justice -- and we won't charge legal fees unless we win.
To find out more about how we can help you after a doctor misdiagnosed you, give us a call or contact us online today.
