Can You Sue for Medical Misdiagnosis?

An adult woman wearing a headscarf sits with her elderly mother on a couch, comforted and hopeful.

Depending on the circumstances, a misdiagnosis can be a form of medical malpractice.

Yes, you can sue for medical misdiagnosis. For example, suppose a patient is hastily diagnosed with clinical depression due to fatigue and lethargy. Their treatment involving selective serotonin reuptake inhibitors (SSRIs) antidepressants, known for causing suicidal thoughts, then leads to a suicide attempt. Suppose then that the patient endures months of changing psychiatric medication and inpatient care. Later, it is discovered the patient suffers from Lyme disease, not clinical depression. The SSRIs may be responsible for all the intervening difficulties, while the true disease was left untreated.

Had the doctor been thorough and examined the patient for more than one session, the cause could have been found earlier, and the patient saved from months of unnecessary pain and stress. The patient has the right to file a lawsuit for damages.

If you are in a similar situation, contact Pierce Skrabanek at (832) 690-7000 for representation as soon as you’re able. By pursuing justice for yourself, you may help save future patients from negligent treatment and emotional hardship. Your action today could even help save lives.

How Much Can You Sue for Misdiagnosis?

This answer depends on the damages your claim qualifies to recover. In a medical malpractice case, typical damages include but are not limited to the following:

  • Full coverage of medical expenses
  • Lost wages if you are unable to work
  • Loss of future income
  • Pain and suffering damages
  • Emotional distress damages

It is extremely helpful if you can maintain detailed expense records, including medical bills, medications, and home modifications. This information helps ensure you can recover the compensation you deserve. However, if you are unable to do so for any reason, your attorney from Pierce Skrabanek can request or order records on your behalf.

Let your lawyer from Pierce Skrabanek handle the paperwork on your behalf, so that you may prioritize healing in peace.

How Do You Prove Medical Misdiagnosis?

  • To prove medical misdiagnosis, a claimant must establish that a physician in a similar situation would have diagnosed correctly or one of the following:
  • The lab report or diagnostic test is wrong due to faulty equipment or human error
  • A technician, treating physician, or other medical personnel misread the report, leading to a misdiagnosis
  • A doctor misses the diagnosis, leaving the patient to believe they are fine

While over 12 million patients are misdiagnosed each year, an error is not enough to qualify as malpractice. Instead, medical malpractice exists when a misdiagnosis causes a patient harm due to failure to treat or improper treatment. Your attorney can investigate your situation to help identify who is responsible.

Medical misdiagnosis can cause new injuries while leaving the original ailment untreated. Contact Pierce Skrabanek at (832) 690-7000 for help holding medical professionals accountable.

What Is an Example of Misdiagnosis?

An example of misdiagnosis made the news when golf pro J.J. Spaun nearly lost his career over a misdiagnosed illness. After losing weight and dealing with chronic fatigue, Spaun was diagnosed with Type 2 diabetes. Despite changing his diet and taking the prescribed medication, Spaun felt worse than ever.

After three years, a specialist finally diagnosed Spaun with Type 1 diabetes, late-onset. While similar, both types of diabetes require different medications and regimens. Now, Spaun considers his new diagnosis “career-saving.”

How Long Do You Have to Make A Claim For Medical Negligence?

You have two years to make a claim for medical negligence. According to the Texas Civil Practice and Remedies Code, a claimant has 24 months from the date of the misdiagnosis or when negative symptoms started as a result of the misdiagnosis. Thus, if you feel that you have a medical negligence claim, you should contact a lawyer as soon as possible to avoid missing any filing deadlines.

Why Should I Get Help for My Medical Misdiagnosis Claim?

If you or a loved one have suffered from a misdiagnosis, you should get help from a misdiagnosis attorney experienced in medical malpractice.

At Pierce Skrabanek, our personal injury lawyers are highly accomplished and nationally recognized, earning rankings in Super Lawyers and the National Top 100 Trial Lawyers. We are proud to provide our dedication, resources, and tenacity in every case. With a long track record of success, including standing up to billion-dollar companies, our exceptional legal team is here to help you through this difficult time.

Schedule a free consultation today to discuss the details of your case by clicking here or calling (832) 690-7000. You may be able to improve your circumstances and the prospects of future patients starting with just one phone call.

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