can you sue a doctor for wrong diagnosis
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Can you sue a doctor for wrong diagnosis ?

What is misdiagnosis or wrong diagnosis?

Misdiagnosis is a situation when a medical institution fails to understand the true condition of the health of a patient, the process of this negligence is called misdiagnosis of the patient. With such wrong diagnosis conditions, patients suffer greatly and a life threat is posed in many conditions.

A research disclosed more than 50,000 deaths per year are a result of misdiagnosis because they were not treated at the right time. These conditions of wrongful diagnosis can be easily avoided with proper tests and right diagnosis by doctors at the right time. But still,these wrongful diagnoses are being conducted in different areas of the United States.

Commonly misdiagnosed conditions

The most common condition is when the diagnosis results in a false existence of a disease. In this condition, the doctor fails to recognize the true illness of the patient and provides wrong results.

You can claim compensation for a misdiagnosis if the medical practitioner was negligent. To establish negligence you will need to prove all of the following points:

  • A medical professional misdiagnosed or delayed in correctly diagnosing your medical condition

A misdiagnosis will only be considered negligent if it falls short of Australian medical standards. You must be able to show that another reasonably competent doctor would have been able to correctly diagnose your illness in the circumstances.

  • You suffered injury or harm

You must have suffered actual injury or harm as a result of the misdiagnosis. For example, as a result of a misdiagnosis, you may be subjected to surgery or aggressive or harmful treatment (such as chemotherapy) which would not have been necessary if the correct diagnosis had been made earlier.

  • The injury or harm was a direct result of the negligent treatment

You must be able to prove that the negligent misdiagnosis caused your injury. For example, if your doctor were to misdiagnose your broken leg as a strained ligament and failed to administer appropriate treatment, but the next day your leg was crushed completely in a car accident, the misdiagnosis would not be the cause of your harm.

When is misdiagnosis considered a medical malpractice?

The misdiagnosis is considered a malpractice when the doctor loses the opportunity of diagnosing a patient properly and rather provides a wrong report to the patient. In such cases, patients often lose their life due to the growing disease that the patient had and that could not be recognized by the doctor of the patient. This situation in which a patient suffers from life-threatening situations is called a medical malpractice.

What rights do you hold in medical malpractice suffering?

If you have had a situation in which you were suffering from a serious disease and your doctor could not identify it. Because of which you suffered an injury or even life-threatening condition, you can go to your lawyer and talk to him about this condition. In such injury conditions or life-threatening conditions, the suffered person can sue his doctor and claim a monetary compensation from that negligent doctor.

How can these situations be avoided?

The first responsibility is of doctors to avoid such situations by conducting proper examinations of the patients. Doctors should conduct all the examinations that may be required to come to a true conclusion of the health condition of patients.

The second responsibility should be taken by the patient himself to consult at least more than one doctor for his health diagnosis. This way, the patient can become sure about his actual health diseases if the reports of two different doctors match with each other. If the reports do not match, that means some wrong diagnosis are being conducted. In such cases, a patient has to be very careful and consult the best doctor in his/her knowledge.

We are aiming at spreading this condition of misdiagnosis that is being a big malpractice in many areas of the United States. We are trying to let everyone know what is a misdiagnosis and how he/she can avoid such situations. With the spreading of this information, people might be able to help themselves and the people around them.Also, spread the information about what the misdiagnosed patients can do to help themselves. Although some situations like death can never be compensated, still by spreading this information, many lives can be saved.

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