We trust our medical providers to render competent and timely care. However, it is a simple fact that medical professionals will sometimes fail to make a proper diagnosis. Delayed or incorrect diagnosis of a medical condition may result in worsening of a condition, serious injury, or even wrongful death.
Misdiagnosis frequently involves the diagnosis of cancer, and the misdiagnosis can have catastrophic and life-altering implications for a victim. Misdiagnosis is also a problem that may occur in the emergency department. Common diagnostic errors in the emergency department include failure to diagnose a heart attack, failure to diagnose appendicitis, failure to diagnose a fracture, and failure to recognize an abdominal aortic aneurysm. These errors are sometime fatal.
At Breakstone, White & Gluck, our Massachusetts misdiagnosis lawyers have witnessed how difficult a failure to make a proper diagnosis can be for a victim and their family. While you are coping with the effects of the harm, we will fight to make sure that your legal rights are asserted and that you receive the settlement or the judgment appropriate in your situation.Bringing a Misdiagnosis Claim against a Careless Health Care Professional
Every medical provider, including nurses, technicians, and other non-doctors, are required to treat each patient with the appropriate level of care and skill. This standard of care has been defined as the same level of care that a reasonable health care provider would provide, based on that person’s specialty and based on the accepted standards and practices within the same geographic region. This standard accounts for the fact that even the most rigorous medical care may not guarantee a successful outcome. Just because the outcome of a procedure or course of treatment was not ideal does not mean that the health care provider acted negligently.
Instead, to show that the defendant breached the standard of care, the plaintiff must prove that a reasonable and competent doctor would have reached an alternative diagnosis or reached the correct diagnosis in a more timely fashion. A failure to reach a proper diagnosis can stem from many different events, such as misreading an x-ray or lab test result, failing to order the standard battery of tests, or taking too long to perform surgery or other exploratory procedures. A seasoned misdiagnosis attorney can assist Boston residents with evaluating a claim and determining whether a health care provider misdiagnosed a condition.
It is not enough to show that a doctor negligently misdiagnosed your condition. You must also show that this misdiagnosis was a direct cause of the injuries that you sustained and that the injuries were a foreseeable outcome of the health care provider’s negligence. This may sound straightforward, but establishing causation in medical malpractice cases can be complex, particularly when the plaintiff suffers from pre-existing medical conditions. It is necessary to retain expert medical witnesses to explain how the injuries that you sustained because of the misdiagnosis are different from your existing medical conditions, and to show that they would not have occurred if the doctor used appropriate care.
The plaintiff in a medical malpractice claim must also prove the amount of damages incurred, including any additional medical expenses that arose from the misdiagnosis, as well as any lost wages. Damages will also include costs of future medical treatment and future lost earning capacity. Misdiagnoses can have a devastating impact on a victim, so it is critical to demonstrate the full scope of the injuries.Retain an Experienced Boston Misdiagnosis Attorney
Understanding your legal rights following a misdiagnosis that resulted in injuries or health problems can be stressful and confusing. At Breakstone, White & Gluck, we make it our priority to ensure that you receive the diligent and responsive legal counsel that you deserve. We handle all aspects of a claim and have connections with knowledgeable experts in many medical fields who can help build a case. Having served people in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, Springfield and throughout Massachusetts we have the experience that it takes to hold a careless medical provider responsible. To set up a free consultation with a misdiagnosis lawyer in the Boston area, call us now at 1-800-379-1244 or contact us online. We also can assist people who need an attorney following a medication error or another instance of medical malpractice.