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Can I Sue a Doctor for Misdiagnosis?

Published: Sep 08, 2021 in Medical Malpractice
Doctor talking to his patient seriously

When you have a health scare or end up needing medical attention, you should be able to trust your healthcare provider. Unfortunately, even healthcare professionals make mistakes. Misdiagnosis is one of the most common medical errors. And when it happens to you, it can leave devastating effects on your health and your life.

Were you given the wrong diagnosis? Did you endure severe injury or illness as a result? You may be wondering if you have grounds for a lawsuit and, if so, what damages you could recover.

How We Prove Negligence in a Medical Malpractice Claim

Medical malpractice claims for misdiagnosis require specific criteria. First, you’ll need to be able to prove that there was a breach in the medical standard of care.

This means that the liable party made a mistake that another medical professional of similar training and experience wouldn’t have made. This breach leaves your healthcare team open to a lawsuit. Wrong medical diagnoses are common and avoidable medical errors. Proving negligence will ensure that you have a strong claim worthy of compensation.

Who’s Liable for A Misdiagnosis in Birmingham?

In the past, only physicians had the authority to make medical diagnoses. However, as technology and education have advanced, this has changed. Now, nurse practitioners, physician assistants, and other qualified healthcare providers can also diagnose medical conditions.

Therefore, several healthcare providers could be liable for your injury or illness. It all depends on who’s part of your medical team. Your attorney will need to analyze the details of your case in-depth by investigating who was involved in diagnosing your medical condition.

Your attorney will also reveal other parties that are liable when such a medical error is made. This may include filing a medical malpractice claim against a hospital or doctor’s office. Your lawyer will be tasked with figuring out the truth and who’s responsible for compensating your damages.

Compensation For Victims of a Wrong Diagnosis

An improper medical diagnosis can wreak havoc on your life. You could be stuck with additional medical expenses. But more than that, other areas of your life could be affected for years to come. When someone else is responsible for harming you, you have the right to be made whole. This means you should be repaid for all of the ways a wrong diagnosis has negatively impacted your life.

Economic Damages

You’ll want to be sure to go over all of your economic damages in detail with your attorney. These include your financial losses and might consist of:

  • Your current and future medical bills
  • Loss of household services
  • Diminished earning capacity
  • Lost wages
  • Increased health insurance costs

Non-economic Damages

In addition to the monetary damages stated above, you may also be entitled to compensation for non-economic damages. These losses don’t have a specified economic value, and they rely on you to confess how your misdiagnosis impacted your everyday life. These damages are valuable, and you should be compensated accordingly. Some common non-economic damages you could be awarded include:

  • Emotional distress
  • Diminished quality of life
  • Physical pain
  • Nuisance
  • Loss of love, comfort, and support
  • Damage to your reputation
  • Skin scarring

Your medical malpractice attorney will review your damages in depth. This will help us figure out how much you should recover in your insurance and civil claims. Then, we’ll help you deal with the insurer and represent your interests in court until you get the most out of your case.

Contact a Medical Malpractice Lawyer in Birmingham

Misdiagnosis can have a devastating impact on your life. All at-fault parties are liable to pay for their negligence. Get help from a dedicated Birmingham medical malpractice lawyer at Belt & Bruner, P.C. Our firm is proud to offer no-cost, risk-free case reviews. We can be reached by phone at 205-933-1500 or through the quick contact form below when you are ready to get started on your case.



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