Do You Have to Pay If You Were Misdiagnosed?
Medical mistakes are frighteningly common in this country. Some research says that medical errors are the third leading cause of death in the U.S. One of the most common types of mistakes made revolves around diagnosis. When a medical professional misdiagnoses a patient, this can lead to significant harm.
A misdiagnosis could result in the person receiving the wrong treatment or receiving no treatment at all. This, in turn, delays the correct treatment for the correct diagnosis. But who pays when a doctor makes a misdiagnosis? Do you, as the patient, have to pay additional medical expenses because of their mistake?
Is Misdiagnosis Always a Mistake?
The medical field is complex, and the job of any healthcare professional is to help individuals heal. However, even the best medical professionals will not get 100% of their diagnoses correct. Individuals who are experiencing an emergency or even those who have ongoing long-term chronic conditions could experience a misdiagnosis, but that does not mean a medical provider was negligent.
However, there certainly are times when the careless or negligent actions of medical professionals lead to a range of medical mistakes, including a misdiagnosis. Sometimes, a medical professional completely gets the diagnosis wrong. In other cases, the diagnosis may be delayed.
When a diagnosis is wrong or delayed, this, in turn, delays the treatment that a person does need, which can lead to a patient experiencing further health complications.
Recovering Compensation Through a Medical Malpractice Lawsuit
It may be possible to recover compensation if you have been misdiagnosed by a healthcare professional. However, please understand that medical malpractice claims are notoriously complex, and you need to speak to a skilled attorney as soon as possible. A personal injury lawyer in California can examine the facts of your case and work with trusted medical experts.
Your medical records will be examined, and you will undergo a thorough examination by other medical experts in order to form an understanding of what went wrong and how to move forward.
Proving a medical malpractice claim involves not only establishing that there was a doctor-patient relationship between the victim and the healthcare professional, but also showing that the medical professional failed to uphold a certain standard of medical care towards the patient. It will have to be shown that the medical professional’s negligence or carelessness is what actually caused the misdiagnosis. Additionally, it must be shown that the misdiagnosis led to some sort of monetary loss for the patient.
If a medical malpractice claim for a misdiagnosis in California is successful, individuals may be able to recover various types of compensation. This includes, but is not limited to, the following:
- Coverage of any extra hospital or medical bills associated with the misdiagnosis
- Compensation for lost wages if a malpractice victim cannot work
- Payment for any pain and suffering damages the malpractice victim endures
- Coverage of any in-home or out-of-pocket losses associated with the misdiagnosis
The total amount of compensation paid for a misdiagnosis claim will vary depending on several factors related to each particular claim. This includes how severe the injury or illness became as a result of the misdiagnosis, whether or not there were any disabilities caused by the misdiagnosis, and various other factors that your attorney will examine and explain to you.