Whether you should sue a medical doctor or not is based on the circumstances associated with your case. The bulk of lawsuits are filed just because a doctor failed to diagnose a certain disease or condition. These types of cases are associated with appendicitis, lung cancer, heart attack, breast cancer or colorectal cancer and so on. In this article, we are trying to explain how you can file a case against a medical doctor in case misdiagnosis.
Aside from the primary health care physician, you can file a case against any other physician, such as specialists, nurses, hospitals, hospital staff, laboratories, surgeons, surgical staff, specialists and so on. According to statistics, we have come to know that the majority of these cases are filed in order to recover compensation from the responsible for a misdiagnosis or a delayed diagnosis. Apart from this, there are many different reasons of a misdiagnosis. For example, lack of screening, incompetent doctor, improper tests and ignoring the details given by the patient are a few reasons of misdiagnosis.
Aside from misdiagnosis, a delayed diagnosis or diagnosis done wrongly can affect the patient in several ways. Due to delayed diagnosis, the disease can become worse and the patient may need aggressive treatment. This can cause the patient to bear severe pain. Also, urgent treatments can cost an arm and a leg to the patient.
If the doctor gives harmful medication to the patient, then the patient’s condition can turn critical. Similarly, if a doctor performs an unnecessary surgical treatment that leaves the patient in a worse condition is also considered medical malpractice. Lastly, misdiagnosis can increase the possibility of complications and can even cause death in some cases.
It is important to keep in mind that the statute of limitation depends upon the laws of a country where the case is filed. Moreover, in some countries, the statute of limitations is not applied until the discovery of injuries. In other states, it is applied on the day the doctors fails to perform the diagnosis properly. Other factors that determine whether it should be applied or not is the detailed allegations made by the patient.
It is understood that every country has its own laws with respect to medical malpractice. If you want to recover compensation from the insurance company of your doctor for misdiagnosis, then the court requires you to prove that the doctor or the medical practitioner failed to follow the standard of care. In this way, you will be able to recover compensation from the other party.
You have to go through a complex process in order to file a case against a medical doctor.
Therefore, hiring a qualified medical negligence lawyer is a stroke of genius. You can find a lot of medical negligence lawyers in the market. The lawyer can evaluate the details of your case, formulate an effective legal strategy and help you negotiate with the insurance company to settle on a reasonable amount of compensation. Hope this helps!