Montgomery County Misdiagnosis Lawyer
Misdiagnosis refers to a diagnosis of a disease or condition that was not correct. However, just because a physician misdiagnosed a patient does not necessarily mean there was medical malpractice. In order for there to be medical malpractice, the misdiagnosis would have to cause some harm to the patient, and that a reasonably prudent health care provider in the same specialty would more likely than not have appropriately diagnosed it.
Whether or not a misdiagnosis medical malpractice claim is different from a regular medical malpractice claim depends on the type of misdiagnosis. It could be a misdiagnosis where the worst diagnosis was given, and it caused undue stress and unnecessary treatment. If your medical professional misdiagnosed you, you may be able to hold them accountable for their actions. A medical malpractice attorney could help you seek compensation for all of your damages. Reach out to a Montgomery County misdiagnosis lawyer to discuss your case.
Common Forms of Misdiagnosis
A misdiagnosis usually occurs when:
- A doctor does not adequately do a physical exam
- A doctor does not take an adequate history
- A doctor does not properly review other medical records
- A doctor does not consider the proper diagnosis
When the patient is subsequently diagnosed with the proper diagnosis, the period of time from the presenting symptoms and the proper diagnosis could cause potential harm to the patient, and possibly permanent.
The most common forms of misdiagnoses are simply diagnosing a condition that the patient does not have, or they have a different variety of a similar condition. For example, a patient may present to a medical provider with certain symptoms and be diagnosed with one disorder. However, if the doctor did not consider certain vitals or certain complaints of the patient, which would have led them to the correct diagnosis, that could be malpractice if that delay in proper diagnosis caused the patient harm.
Common Mistakes Individuals Make In Malpractice Claims
A common mistake patients will make when anticipating a medical malpractice claim is to alert the doctor (if it is a doctor they continue to go to) by either telling them they are planning to file a claim or indicating that they are unhappy with the services that the health care provider is providing them. If the patient feels as though there has been a misdiagnosis, it is recommended they should contact an attorney prior to alerting the provider that they believe there was a breach in the standard of care.
Initial Consultation with an Attorney
When an individual believes they are a victim of misdiagnosis, they should contact an attorney as soon as possible. The initial information the attorney would need to get from the injured claimant includes:
- Who the health care provider was
- When did they present to that provider
- What was told to the provider
- What their physical symptoms were
- What the diagnosis was
- Whether or not they know what the true diagnosis is
The misdiagnosis attorney in Montgomery County will then gather all their medical records, have them reviewed by an expert physician in the same field, and make a determination of whether or not to pursue a claim based upon their findings.
When a treating physician testifies at a deposition, they usually do not have an independent recollection of these visits with the patients. Therefore, it is very important to have those medical records because most of the time the physician will need to testify as to their custom and practice.
Medical Malpractice Legal Process
Medical malpractice cases take quite a while to investigate, and once they are filed with a court, they take some time to get through all the discovery and possible trial. Maryland usually places a medical malpractice case on an 18-month track when the case is filed before the case gets to a jury.
It is very important to be diligent about using all medical records and notes of any sort of harm or losses that they are encountered. This important information needs to be sent to either the adjuster who is handling the litigation or the defense attorney who would be handling the case once the suit is filed.
Speak to a Montgomery County Misdiagnosis Attorney Today
If a medical professional has caused you harm by misdiagnosing your illness or disease, it is best to retain the services of an experienced attorney. A skilled lawyer could help you file a claim against the negligent party. In the State of Maryland, in order to bring a medical malpractice claim, they have to have another health care provider who has practiced in that profession, with similar education and training of the providers that they are bringing the claim against, and they had to have done that within the last five years. An experienced attorney will know what is needed to help prove your case. Call today to schedule a consultation with a Montgomery County misdiagnosis lawyer.
