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Is Misdiagnosis Considered Malpractice?

Medical malpractice is what every patient fears. Defined as what happens when a health care professional provides substandard treatment that results in harm, injury or death, it can consist of a wide range of mistakes ranging from operating on the wrong patient or body part to prescribing the wrong medication. Though some medical errors are so egregious as to leave virtually no question as to whether malpractice has taken place, in other instances patients find themselves unsure as to whether the harm that they have suffered constitutes meets the burden of proof for malpractice. This is particularly true in the case of misdiagnosis, where a physician or practitioner identifies a condition incorrectly. A medical misdiagnosis can quite definitively be considered malpractice, and if you have been the victim of a misdiagnosis that resulted in an injury, your condition worsening, or even in the death of a loved one, you are entitled to file a personal injury lawsuit for compensation for the damages that you’ve suffered. The attorneys at Jonathan Perkins Injury Lawyers can help you understand your rights and help you get the compensation that you deserve.

Simply making a mistake in diagnosis is not enough to be considered malpractice. There must be a very real worsening of a condition or damage done by the misdiagnosis. To get an idea of how a misdiagnosis of a medical condition can lead to very real and significant problem, consider a case that was recently filed against an urgent care that failed to recognize symptoms of sepsis and infection in a woman who came to them for diagnosis. The woman was later diagnosed as suffering from an infection of flesh-eating bacteria and was forced to undergo several operations and amputations of both of her legs below the knee, part of her right arm, and fingers on her left hand. Her medical bills are astronomical, reaching well over $1.6 million, and the quality of her life has been severely impaired. Health care professionals are expected to provide a reasonable standard of care, and when the failure to do so results in incorrect treatment, delayed treatment, or no treatment at all and a patient’s condition worsens, then the patient is entitled to compensation for the damage that they have suffered.

Where there is a question of whether a health care practitioner has provided substandard care, most cases rest upon testimony that is provided by other medical professionals who are brought in to testify as expert witnesses. An experienced personal injury attorney will have access to an extensive network of witnesses who can provide compelling testimony as to what the expected level of care should be, and where a professional fell short. The lawyers at Jonathan Perkins Injury Lawyers have a record of successfully representing those who have been harmed by substandard care and medical malpractice. If a misdiagnosis has caused you harm, call us to see how we can help.


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