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Medical Misdiagnosis Malpractice

Despite the volume of research and other means of gaining understanding, the human body is still a very complex organism. There are still parts of our body's functioning which are not fully understood. It is known that external factors within the environment can also impact our bodies. But how and why is still being investigated. For example, two forty year old people have smoked two packs per day since age sixteen. One has developed severe lung cancer and the other not. What makes our body's ill can also be a very subtle thing which is easily overlooked, like a mosquito bite.

What is Medical Misdiagnosis Malpractice?

Medical misdiagnosis malpractice happens when a patient suffers an injury or death due to the attending doctor or hospital failing to recognise and diagnose symptoms properly. A number of factors can contribute to a misdiagnosis some of which involve miscommunication by the patient. If a patient fails to tell a doctor about a medical condition they have, then the doctor cannot be held liable for failing to treat it. However, if due to a lack of skill, carelessness, or other factor controllable by the doctor, then the patient can file a medical misdiagnosis malpractice case. Doctors are trained to know when certain tests should be used to aid in the diagnosis. They should also know when they may need the counsel of more experienced or specialised doctors.

Another cause of medical misdiagnosis malpractice occurs within a hospital. Hospitals are very busy and the staff work in shifts to ensure there is coverage at all times. In such a system, it is not unheard of to have doctor's instructions not relayed from one shift to the next accurately. With the volume of paper and instructions being handled there is also the opportunity for papers and instructions to be misfiled or misplaced. Such factors can lead to a misdiagnosis despite the best efforts of hospitals to control the situation.

Where Can I Find Medical Misdiagnosis Malpractice Companies?

If a family member or loved one is the victim of medical misdiagnosis malpractice, you can consult with a solicitor who handles medical malpractice. These include such firms as:

  • DLA Piper
  • Bowman Gilfillan
  • Boundas, Skarzynski, Walsh & Black, LLC
  • Howrey LLP

Estimated Costs of Medical Misdiagnosis Malpractice Companies

Medical misdiagnosis malpractice cases can be very complex and time consuming. Legal firms usually charge by the hour so it is best to find out up front what the expected time frame is to reach a settlement. You should also find out what other expenses may be involved. Legal firms will work with you on payment. The normal procedure is to take a percentage of the settlement. However other options such as pro-bono or no win, no fee could also be offered by the firm.

An unusual health issue could be misdiagnosed unintentionally despite the best efforts by the medical staff treating you. However failing to order routine tests or seeking a second opinion is no excuse. Seek the advice of your local solicitor regarding filing a medical misdiagnosis malpractice case.