Suing For A Misdiagnosis: What You Need To Know

12 January 2017 by Eva Holmes

There are a number of ways that you can be personally injured. Most people tend to think of car accidents, nursing home falls or something similar when they think of personal injuries. However, personal injuries can come in many forms, including that of a medical misdiagnosis. Believe it or not, a misdiagnosis is pretty common, yet it is completely preventable. Statistics show that roughly 12 million American adults are misdiagnosed every single year, which equates to one out of every 20 patients (adults only). The same research reports that about 50 percent of those cases could result in extreme harm for those patients. So, if you have been misdiagnosed by a physician, do you have the legal right to sue him or her? What is it that you need to know? Read on to find out the answers to those questions and more.

What Conditions Are Most Commonly Misdiagnosed?

There are several different illnesses, diseases, and conditions that are misdiagnosed. When this happens, a patient may be left untreated for an extended period of time, or the patient may have to undergo unnecessary treatment for a completely different condition. Regardless of the situation, it creates undue stress on the patient. Here are a few of the most common misdiagnoses:

Parkinson's Disease – This degenerative disease is often misdiagnosed as simple stress, a stroke, or Alzheimer's disease.
Lupus – This inflammatory disease is sometimes misdiagnosed as rheumatoid arthritis, fibromyalgia, or chronic fatigue syndrome.
Multiple Sclerosis – This autoimmune disease can be misdiagnosed as a viral infection, bipolar disorder, Alzheimer's, or lupus.
Celiac Disease – This autoimmune disorder is often misdiagnosed as cystic fibrosis, Crohn's disease, or irritable bowel syndrome.

What's Required to Sue a Physician for His or Her Medical Negligence?

In order to be able to sue a doctor for improperly diagnosing your medical condition, you must be able to prove that your doctor was negligent in providing you care. To do this, there are a few things that you need to show. For example, you must start by proving there was a doctor-patient relationship, which proves that the doctor had a duty to properly care for you. You then must show that the physician breached that duty. It must also be proven that the doctor's alleged misdiagnosis caused you direct harm and damage.

It isn't easy to try to file a legal claim for a misdiagnosis and personal injury on your own. Therefore, it is a good idea to consult with a professional personal injury attorney about your case and allow an expert to help you build a case.

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