How Do You Prove a Misdiagnosis?
You trust your doctor to provide you with the best care possible. But what happens when your doctor misdiagnoses a serious health condition and you get sicker? You could have a valid medical malpractice claim if you suffer complications from their failure to diagnose. However, these cases are some of the most challenging and difficult to prove. Why? Because a medical malpractice claim involves much more than just saying that a physician made a mistake. You need an experienced medical malpractice attorney to stand up for you.
What is a Medical Misdiagnosis?
A misdiagnosis typically occurs when a healthcare provider gives a wrong diagnosis, fails to diagnose a medical condition, or diagnoses a medical condition late. Why does this happen? The answer depends on the specific situation.
Many health conditions present with similar symptoms. When doctors fail to follow thorough recommended diagnostic protocols, they can make critical errors that can lead to misdiagnoses.
How Do I Prove a Misdiagnosis?
What many people don’t realize about medical malpractice claims is that many medical errors do not rise to the level of malpractice. Medical malpractice occurs when a physician or facility fails to provide a patient with the appropriate standard of care that an equally trained physician would provide under the same set of circumstances. This failure must also cause physical and financial harm to the patient.
Proving a negligent medical misdiagnosis comes down to evidence. The burden is on the patient’s shoulders to prove that their physician failed to meet the applicable standard of care and caused them harm. Examples of evidence that may help establish a medical misdiagnosis can include:
- Medical records
- Medical expenses
- Witness statements
- Expert witness testimony
Medical personnel and opposing attorneys use numerous strategies to avoid liability and challenge the validity of a patient’s statements. That’s why you should never try to handle a medical malpractice case on your own. Seek the help of an experienced lawyer who can counter these arguments and fight for the compensation you need.
Statute of Limitations for South Carolina Medical Malpractice Cases
You have limited time to file a medical malpractice lawsuit in South Carolina. The state gives victims three years from the date of the misdiagnosis or the date the misdiagnosis was discovered to file a claim. That may sound like plenty of time, but consider what can be lost if you delay getting an attorney on your side. In that time, vital evidence may be misplaced or destroyed.
What to Do If You Have Been Misdiagnosed
If you believe you have been misdiagnosed, speak with a knowledgeable medical malpractice attorney as soon as possible. A lawyer can thoroughly review your situation and outline your legal options for recovering compensation. They can also help you find the resources to get your life back on track and move forward.
Contact a South Carolina Medical Malpractice Lawyer Immediately
The South Carolina medical malpractice lawyers at Wilson Law Group, LLC can help if a doctor or other healthcare professional misdiagnoses you. Contact us today for a free consultation.