Medical Malpractice – Can I Sue My Doctor?

In cases of wrong diagnosis, patients are entitled to sue their doctor. “Misdiagnosis” is a different genre of medical field popularly known as medical malpractice.

The original concept of medical malpractice emanates from personal injuries. To be precise, personal injury law is an umbrella-ic concept that covers all types of personal injury cases. An important point to remember in this context is personal injury cases are not criminal cases but civil cases. But cases of purposeful misdiagnosis or those causing death may have some elements similar to criminal cases.

What Does It Mean by Misdiagnosis?

A misdiagnosed illness or injury means the physician misread your test report or made a wrong guess. Your medical condition might turn worse and you might even succumb to your illness or injury due to misdiagnosis. Therefore, it must not be taken in a light vein.

Misdiagnosis is an inclusive term that also covers the cases where no diagnosis was made at all. In other situations, the fault lies with the hospital or pharmacy.

Both “misdiagnosis” and “no diagnosis” are clearly in breach of “standard medical care” that patients always expect from a qualified medical practitioner. A doctor’s failure to help you is a clear case of medical negligence.

All types of medical malpractice cases involve injury or death of the patient in question; otherwise, you have no legal right to sue a medical practitioner for wrong diagnosis, no diagnosis or negligence.

Common Misdiagnosis

With every 1 in 20 patients, physicians have 95% success rate, which is pretty good. However, wrong diagnosis could well mean that a patient with an illness or injury receives no proper treatment for too long or a patient may have to undergo unnecessary treatments. Followings are some most common illnesses that go misdiagnosed or undiagnosed.

  • Asthma
  • Heart Attack
  • Lyme Disease
  • Parkinson’s
  • Lupus

What Should I Do If My Condition Turns Worse after Seeing a Physician?

It is a clear case of medical emergency and therefore, warrants immediate attention right away. Health improvement should be your top priority. After you get well, talk to a reputed Miami Medical Malpractice Attorney to decide the next course of action against the at-fault doctor. The lawyer will explain that you have a duty to:

  • Follow your physician’s instructions unless he or she makes your condition worse or you experience no improvement
  • Do not dilly-dally in seeking additional care if you need it just because your doctor told you to wait around for betterment.

In medical malpractice cases,  it is called “mitigating damages”. This particular field of law requires careful reviews of both the doctor and the patient. The objective is to ensure that you are not purposefully making your injury or illness worse. If you feel like receiving different care, you should go with it right away.

In some situations, patients are allowed to take their original illness or injury to trial against a treating doctor but no new injury resulting from waiting around may not constitute a part of trial. Those new injuries are considered your responsibility. You cannot sue your doctor for new injuries.