Proving medical negligence in a misdiagnosis case is critical for holding the doctor, hospital, or other medical provider responsible for your injuries caused by their failure to diagnose your condition. Whether you were diagnosed with a condition you didn’t have or you weren’t diagnosed with a condition you did have, the result can be significant physical and emotional harm that you may be entitled to compensation for.
Establishing the Doctor-Patient Relationship
The first step in proving medical negligence is to establish that a doctor-patient relationship existed. This is usually straightforward as long as you have access to your medical records. Other documents you may be able to use to establish this relationship include:
- Hospital intake documents
- Medication prescriptions
- Appointment records
You’re looking for any documentation that can show that you were a patient of the healthcare provider in question. This is essential for proving that they owed you a standard of care, which is their legal and ethical responsibility to provide an adequate level of treatment.
Demonstrating a Breach of the Standard of Care
Demonstrating that the healthcare provider breached the standard of care owed to you is one of the most important parts of any misdiagnosis case. Examples of a breach of the standard of care may include:
- Failing to order necessary diagnostic tests
- Misreading diagnostic test results
- Ignoring patient symptoms, especially worsening symptoms
- Failing to refer the patient to a specialist
- Ignoring the patient’s medical history
In many cases, expert witness testimony is necessary to establish that a breach of the standard of care has occurred. Your lawyer can hire a third-party medical professional to review your medical records and the decisions your treating doctor made to determine if they align with what a reasonable doctor would have done in the same situation.
Your lawyer may also gather additional evidence to demonstrate the breach, including eyewitness testimony from nurses and other medical staff, as well as internal documents regarding the medical facility’s care requirements.
Providing Evidence of the Harm Caused
Next, you must provide evidence that you suffered harm due to the misdiagnosis. Depending on your injury or other medical condition, this can be challenging to do without the help of an experienced medical malpractice attorney.
Examples of harm your misdiagnosis may have caused include:
- A worsening of your condition due to delayed treatment caused by the misdiagnosis
- Unnecessary treatment resulting from the misdiagnosis caused you additional harm
- The loss of options for treating your condition because of the time the misdiagnosis wasted
Evidence your lawyer can collect to demonstrate that you suffered harm may include your medical records, eyewitness testimony, testimony from medical providers or vocational experts, and income statements establishing lost wages.
Documenting Your Damages
The final step is to document your damages, which are the cost of your losses. To calculate the value of your case, your lawyer will add up your medical bills, lost wages, and other out-of-pocket expenses related to the misdiagnosis. They’ll also estimate the value of your intangible losses.
Intangible losses include things like the emotional distress you experienced, loss of enjoyment of life, and the impact the misdiagnosis has had on your daily life if it resulted in unnecessary treatment. It can be difficult to put a price on these losses, which is why working with a compassionate and knowledgeable attorney is crucial.
Contact Our Washington, D.C. Medical Negligence Lawyers
If you sustained injuries caused by a medical misdiagnosis, or your loved one passed away after a misdiagnosis prevented them from receiving life-saving treatment, contact Simeone & Miller, LLP for a free consultation. We’ll help you explore your options for holding the doctor, hospital, or other healthcare provider financially responsible for the harm they caused. When you’ve been wronged, we make it right!
