There are many ways that you can be a victim of a medical misdiagnosis. A misdiagnosis might involve your doctor telling you that you have something you do not, reading your test results wrong or failing to diagnose your illness or injury altogether.
A medical misdiagnosis can cause many serious problems. It could worsen your condition, delay proper treatment and in some cases, lead to permanent injury or even death.
Misdiagnosis may be a form of medical malpractice. You can file a medical malpractice claim in Pennsylvania if you are harmed because of a misdiagnosis.
Medical malpractice is the result of negligence
You must prove negligence to establish medical malpractice. To prove negligence, you must show that your doctor had a duty to diagnose you correctly, failed in that duty and that failure caused you harm.
Your harm must be legitimate. For example, if a doctor told you that you had a cold and prescribed you cold medication that helped, but then you found out you actually had the flu, you were not harmed since the medication helped you anyway.
There are several things you can potentially obtain damages for, including any additional or ongoing medical treatment, as well as lost wages if your misdiagnosis causes you to miss work or lose your job.
If your misdiagnosis has permanent effects, such as a long-term disability or disfigurement that prevents you from returning to work, you can potentially collect damages. These are called economic damages.
A medical misdiagnosis often causes more than just physical injury. You could go through long periods of depression, anxiety and other pain and suffering. These are called non-economic damages.
Since a misdiagnosis can alter the entire course of your life, it is important to take it seriously. It is best to get advice on your situation from an experienced personal injury attorney before filing your claim.