If you or a loved one has suffered greatly due to being misdiagnosed then you will likely wonder: Can I sue a hospital for misdiagnosis? The answer is not as simple as yes or no. Keep reading to learn more about the complications of these cases. If you have questions or require a free legal consultation contact Law Offices of Fernando D. Vargas at 909-982-0707 right away.
Mistakes and Bad Outcomes Are Not Enough to Qualify a Case as Medical Malpractice
If a doctor does not make an accurate and/or timely diagnosis of a medical issue then it is possible for a patient to sue them and pursue a legal remedy via a medical malpractice lawsuit. However, it is important to know that the fact that they made a mistake, or the fact that there was a negative outcome, does not mean that negligence happened – at least not as far as the law is concerned.
It is all About “Medical Standard of Care”
The main question in this type of case is whether or not the doctor or other health care provider breached what is known as the “medical standard of care” given the specifics of the case. Another way of putting it is this: Would another doctor with similar training, in a similar situation, and within a similar medical community have provided the correct diagnosis? If so, then it may be true that medical malpractice has taken place.
Common Examples of Misdiagnosis
There are some types of misdiagnosis that are more common than others. For example, asthma is often misdiagnosed as recurring bronchitis, a staph infection can be misdiagnosed as the common flu, a stroke may be misdiagnosed as migraine, heart attacks can be misdiagnosed as panic attacks, and indigestion, and lymph node inflammation can be misdiagnosed as appendicitis.
The Term “Misdiagnosis” Can Cover Several Things
While misdiagnosis generally makes people think of being diagnosed with one thing when they have another, there are other things that can be covered by this term. For example, a person can be considered misdiagnosed if their doctor did not screen them for a specific medical condition, if their doctor did not properly consult with a patient about symptoms, if the patient was not referred to a specialist when they should have been, or if lab tests were not correctly read.
In Most Cases Only a Primary Care Physician Can Be Sued
In most cases, you will not be able to sue a hospital for a misdiagnosis but you may be able to sue the doctor directly. This requires that you be able to prove that the doctor made a significant mistake that caused harm and that another doctor would not likely have made.
If you have suffered an injury or lost a loved one due to a doctor’s misdiagnosis then it is worth contacting a personal injury attorney to find out what your options are. You can reach Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
