Physicians must be able to provide attentive, detail-oriented care to their patients. When this standard of care is not met by a medical professional, patients may suffer significant harm. 

The misdiagnosis or failure to diagnose a condition based on ‘borderline’ test results occurs all too often. Understanding the details of your case and guiding you towards good decisions is what an experienced West Virginia misdiagnosis lawyer can do for you. 

The complicated legal scenarios that arise in a medical malpractice case can be significant. Contact Crim Law, PLLC to learn how we can help you. 

When Misdiagnosis Occurs, Who May Be Held Responsible for This Mistake?

A medical professional who misses a diagnosis or misdiagnoses you opens themselves to potential consequences for their actions. That said, it is not always straightforward to determine which parties were negligent in performing their duties in caring for you. 

Medical diagnoses often involve input from multiple people. A doctor or nurse is often the first person who comes to mind when a missed or misdiagnosis occurs. Test results, x-rays, and other examinations may be misinterpreted, leading to a mistaken diagnosis. 

On top of that, symptoms may be ignored or minimized, which could have led the doctor or nurse to arrive at the correct diagnosis, if any. When a condition worsens due to a missed or misdiagnosis, then you may have a viable medical malpractice claim against a doctor or nurse. 

Depending on the circumstances, not only may a doctor or nurse be liable for a mistaken or missed diagnosis, but the medical facility where he or she works may also be responsible for the mistake. This includes any outside company, laboratory, or third party that works on behalf of the doctor, clinic, or hospital where you received treatment. 

What Type of Damages May Be Recovered in a Misdiagnosis Case?

A borderline test being misinterpreted is not the only way a medical professional can make a mistake in your case. Rather, doctors and nurses are trained to listen to your experiences and symptoms to arrive at conclusions about what has been most troubling you, health-wise. Only after considering all the above sources of information can a treatment plan be recommended with confidence. 

The physical, financial, and emotional consequences of a missed or misdiagnosis can be significant. Depending upon the nature of the mistake made by the medical professional, the consequences for your life may be lifelong. Examples of the type of damages which you may suffer as a result of a missed or misdiagnosis include:

• The costs of surgery
• Other medical costs, both in the past, present, and future
• A loss of future earning ability
• Lost wages
• Pain and suffering
• A reduced or limited quality of life

Depending on the alleged damage, proving the loss can be complex. Medical bills are fairly straightforward, but proving a loss of earning capacity or pain and suffering requires a more detailed analysis. A West Virginia misdiagnosis lawyer knows how to plan a medical malpractice case and can help you present evidence and prove your damages efficiently. 

Which Medical Conditions Tend to Be the Most Commonly Misdiagnosed or Missed Altogether?

The medical conditions we are about to discuss all share at least one factor: they all involve complexities that require an eye for detail. When a medical professional fails to note the small details or signs of a condition, it can lead to you suffering significant harm as a result. 

• A cancer missed or misdiagnosis is among the most troubling in the world of medical malpractice. Rightfully so, many people have an especially strong, emotional reaction whenever the subject of cancer is brought up. If a medical professional is not careful, a cancer diagnosis may be missed, or a borderline test result can result in a misdiagnosis. In one case, appropriate treatment may be delayed. In the other, unnecessary treatment may be received due to a misdiagnosis. 
• Heart conditions may be misdiagnosed as a mental health-related impairment, such as anxiety or post-traumatic stress disorder (PTSD). On the other hand, you may have presented to an emergency room and received a diagnosis of anxiety related to chest tightness. While a symptom of anxiety may be chest tightness, it is crucial that a hospital and its staff test you for a heart condition when that type of symptom is noted. 

Proving That a Missed or Misdiagnosis Rises to the Level of Medical Malpractice

The failure to correctly diagnose a medical condition within an appropriate standard of care is how a court views medical malpractice. An incorrect diagnosis resulting in a patient receiving inappropriate or unnecessary medical care can reasonably be called medical malpractice. When unnecessary or inappropriate treatment worsens an existing condition, it increases the potential damages that can be argued for in a medical malpractice case. 

Mistakes in medical diagnoses often involve failing to order testing appropriate to the patient’s condition, failing to follow up on abnormalities or concerning symptoms, and failing to take the patient’s symptoms seriously. 

When a missed or misdiagnosis occurs, it is important to have a plan to address the medical professional’s mistakes. With a limited time under West Virginia law to file a claim, you do not necessarily have time to spare. Instead, consider contacting an experienced West Virginia misdiagnosis lawyer to learn more about your legal options. 

Contact Crim Law, PLLC – a Team That Fights for Your Rights

When your health and livelihood are at stake, leave nothing to chance. Crim Law, PLLC stands up for its clients inside and outside the courtroom. Contact our office today for a free consultation where your concerns and experiences are listened to. We take our responsibility to serve our clients seriously.