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How to Sue a Doctor for Misdiagnosis?

In the healthcare industry, there are many cases where medical misguidance has taken many lives. It is a crime to misguide any patient, which can be dangerous for life. Nobody enters the hospital to later file a lawsuit over a misdiagnosis by the doctor or the hospital. Usually, when you see a doctor, you hope to get better.

Regrettably, many patients conclude that their doctor has created the mess. Patients may bring a medical malpractice claim against the offending physician, nurse, or medical facility in such circumstances. When someone responsible for a patient’s treatment is negligent, and harm or injury arises, a legal case known as medical malpractice occurs.

It’s a complicated scenario that requires expertise beyond managing routine medical issues. As a result, many people find it helpful to work with a lawyer to guide them through the legal nuances of a compensation claim. Hiring a professional personal attorney from the team of Phillips Law Office works best. The attorney will look into the case and accordingly assist in filing the case. You can even claim compensation for the injuries you are facing. The attorney will fight for you against the insurance company.

What is Misdiagnosis?

Misdiagnosis is when your doctor misdiagnoses you, perhaps because they misread the test results. Hospitals make other types of incorrect diagnoses as well. It also counts as a misdiagnosis if the doctor fails to diagnose you when they ought to have.

When a patient faces such a situation, there is a high chance of having an adverse medical condition. For instance, when a doctor misdiagnoses a patient, the right course of therapy may be delayed, which may cause significant harm or even death. Alternatively, the physician can misdiagnose the patient and treat them for a condition they don’t have. Together with the failure to treat the actual ailment, this is a severe issue.

Some of the common misdiagnoses?

There is around a 95% success rate when doctors give the right diagnosis. However, 1 out of 5 patients may get the wrong diagnosis. A false diagnosis, however, can result in an ailment going untreated for too long. It also implies that a patient will endure painful procedures that are not necessary. Here are a few ailments that are frequently misdiagnosed:

  • Asthma — Misdiagnosed as recurring bronchitis.
  • Heart Attack — Misdiagnosed as indigestion or a panic attack.
  • Lyme disease — Misdiagnosed as the flu.
  • Parkinson’s — Misdiagnosed as Alzheimer’s,

What is Medical Malpractice?

Medical malpractice occurs when a doctor or other health care provider fails to uphold the industry standard of care. Usually, the medical professional cannot give the patient the necessary amount of attention, which can result in issues like delayed or incorrect diagnoses. Sometimes a doctor’s carelessness results from their ignorance or failure to take the proper treatment-related action. Some of the malpractices you will face from doctors are-

Surgical mistakes lead to damage to internal organs: Brian damage, kidney issues, and bone issues.

  • Surgery without need.
  • Damage is done during medication.
  • Failing to provide proper counseling before the surgery.

What to do if you face severe health conditions after meeting the doctor?

How to Sue a Doctor for Misdiagnosis

After consulting a doctor, you should get quick medical help if your condition worsens. Consider making an urgent call to a different physician. Ultimately, it’s your decision, but you can visit the emergency department if necessary.

Try to Defend Your Case

It means putting your health as a priority. If your illness worsens after receiving therapy from your doctor, there is nothing wrong with seeking a second opinion. Also, you should not disregard your body’s cries for assistance.

Your medical malpractice suffers if you wait until your condition worsens before getting help. In legal words, it is known as “mitigating damages.” And by doing so on purpose, you are contributing towards the severity of the problem. Get a second opinion as soon as possible if you need one.

Timing to Sue the Hospital or Doctor for Misdiagnosis?

If you are wondering when to connect with your lawyer for carelessness or misdiagnosis in medication, contact your lawyer immediately. Phillips Law Office offers complete assistance to patients facing damage due to misdiagnosis. Hospitals can also be held accountable for medical misdiagnosis, while doctors frequently receive the most responsibility.

Visit another hospital if the care you receive there makes your condition worse. If you recover at the second hospital, get a lawyer to represent you. You can submit a claim for a misdiagnosis against the hospital or the doctor with the aid of your attorney.

Is there any statute of Limitations?

In Illinois or any other state, medical malpractice and false diagnosis cases have a two-year statute of limitations starting from the date of the damage. As a result, you have two years from the date of your sickness testing and treatments to submit a medical negligence claim.

The statute of limitations, however, may vary from state to state, and there is a high chance of extension under specific conditions. As a result, it is best to consult a medical malpractice lawyer at Phillips Law Office for legal guidance on how to proceed with the case.

Why should you seek Compensation?

In the United States, there are hundreds of misdiagnosis cases by doctors each year. One in every five patients who go for a second opinion discovers they were misdiagnosed. It’s a genuine issue that won’t go away in the absence of responsibility. You must file a case against the hospital or doctor for negligence. And that’s on top of securing justice for yourself and money to cover your rapidly accruing medical expenses.

What to do if the Hospital makes the Mistake?

According to the statute of limitations, a law firm assisting the victim party can sue a hospital if it commits a mistake. Differential diagnosis frequently results in a medical condition because of a lack of protocol in the hospital.

You can sue a doctor for medical malpractice if they don’t give you the care you need, and the hospital doesn’t do anything about it. Research demonstrates that diagnostic mistakes are the foundation of many medical malpractice cases.

To sue a doctor for misdiagnosis, you typically need to consult a lawyer, gather medical records, and prove that the misdiagnosis caused harm or worsened your condition.

Meet the Best Medical Malpractice Attorney in Illinois

If you or any of your loved ones are facing misdiagnosis from the hospital or doctor, meeting the malpractice lawyer Illinois of Phillips Law Office will indeed work. They will help you file a case against the insurance company or the hospital, and you are always up against a primary insurance provider. Moreover, the medical industry is complicated, making it challenging even to know where to begin.

It can be challenging when you start researching your options for suing a doctor for a false diagnosis. Finding the ideal lawyer to represent you and your loved ones is crucial. Not every law company possesses the expertise and compassion to make this process as painless as possible. However, with Phillips Law Office, you get the guarantee of having a medical malpractice professional by your side. Contact us now at (312) 598-0917.


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