Misdiagnosis and Medical Malpractice: Seeking Compensation for Diagnostic Errors

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Everyone has different motivations for visiting the doctor. When you need answers regarding your health, you rely on the knowledge and expertise of your treating physician. 

Still, medical professionals are human, and mistakes in the medical field are made every day. If a diagnostic error has harmed you, do not hesitate to consult with a medical malpractice attorney. 

What is a diagnostic error?

A diagnostic error is a mistake involving a diagnosis you’re given. Common diagnostic errors include delayed and incorrect diagnosis and a failure to diagnose.

When it comes to medical matters, time is often of the essence. If you receive a diagnosis that’s delayed, you may face additional harm or lose your ability to recover from your condition.

An incorrect diagnosis usually means your physician has misidentified the condition you actually have. This could result in receiving the wrong medical treatment and having your true condition worsen. 

A failure to diagnose means you’re never given a diagnosis for your condition. When a doctor fails to identify any negative medical condition, causing you to go untreated, you can experience severe injury or even death. 

Diagnostic errors happen for a number of reasons, but they are usually attributed to negligence. When a diagnostic mistake results in harm, you may have the opportunity to take action and seek financial compensation. 

Do I have a case for medical malpractice?

Medical malpractice occurs when a healthcare professional’s act or omission causes harm. These cases fall under personal injury, an area of law that allows victims to pursue monetary recovery for their injury-related losses.

Not every instance of a medical mistake results in a viable medical malpractice lawsuit, but many do. Determining whether you have a case is the first step in proceeding with your legal claim.

Usually, to prove the healthcare professional is liable for your injuries, you’ll need to take steps to prove certain details. For instance, you must show that:

  • You and the responsible party had an existing doctor-patient relationship
  • The physician deviated from the acceptable standard of care
  • This deviation in care caused you harm
  • You suffered losses as a result of your injuries

Evidence can help substantiate your claims of negligence, including medical records and doctor’s notes. 

A qualified medical malpractice lawyer can investigate your case to determine whether you have a valid claim. Once that is established, they can take the necessary steps to protect your rights and fight for fair compensation on your behalf. 

Potential Compensation for a Medical Malpractice Case

Monetary damages for a medical malpractice claim aim to compensate you for the tangible and intangible losses stemming from your injuries. The damages you’re entitled to receive are based on the specifics of your case, but they could include:

  • Past and future medical expenses, including surgery and medication
  • Therapy and rehabilitation
  • In-home medical care
  • Lost earnings
  • Diminished or lost earning potential
  • Emotional distress
  • Pain and suffering
  • Permanent disability
  • Loss of enjoyment of life

Punitive damages may also be available in some cases. They aim to punish defendants for their reckless, intentional, or malicious actions and deter potential future actors from behaving in the same manner. 

A diagnostic error can have a profound impact on your financial and physical health. For this reason, fair monetary recovery can help relieve undue stress and protect your future. 

Consult With an Experienced Medical Malpractice Attorney

If you’ve suffered harm due to a diagnostic error, a medical malpractice lawyer can help you seek compensation. 

The legal team at Hunt Law has years of experience helping injured clients secure the financial compensation they need and deserve. We serve personal injury clients throughout Northern New Mexico and Las Vegas, NV. Contact us today to schedule your consultation.