When a medical provider fails to correctly diagnose your condition, the consequences can be severe and life-altering. At Marks & Harrison, our experienced medical malpractice attorneys understand the unique challenges of misdiagnosis-related medical malpractice claims, and we have helped many families in Virginia, Maryland, and Washington DC, receive compensation for medical errors.
Founded in 1911, our firm has over a century of experience representing injured Virginians. Our team includes former insurance company attorneys and claims adjusters who understand how to build strong cases against healthcare providers and their insurers. Our numerous successful results and positive testimonials demonstrate our commitment to our clients and their futures.
Contact us today for a free consultation to discuss your potential case with a Richmond misdiagnosis lawyer and learn more about how you can take legal action and seek compensation for the harm you have suffered.
Is a Medical Misdiagnosis Considered Medical Malpractice?
If a doctor fails to correctly diagnose a medical condition, and this error in the cancer diagnosis results in harm to the patient, it may give rise to a medical malpractice action. A medical professional’s negligence may involve failure to identify a patient’s actual condition (missed diagnosis) or incorrectly identifying the wrong condition (misdiagnosis).
However, not every diagnostic error automatically qualifies as malpractice. The key factor is whether the healthcare provider failed to meet the accepted standard of care that other qualified medical professionals would have provided under similar circumstances. Consulting with an experienced medical malpractice attorney from Marks & Harrison can help determine whether your misdiagnosis constitutes medical negligence.
What Are Some Medical Conditions That Are Most Commonly Misdiagnosed?
Medical providers most frequently misdiagnose several serious conditions, including the following:
- Various types of cancer — These include cancers of the breast, lung, colorectal, prostate, and lymphatic system, where early detection often makes a critical difference in treatment outcomes.
- Heart attacks and strokes — Doctors sometimes mistake these life-threatening conditions for less urgent ailments like indigestion, anxiety, or migraine headaches.
- Infections and autoimmune disorders — Conditions like Lyme disease, lupus, and multiple sclerosis can present with symptoms that mimic other illnesses.
- Pulmonary embolism — This dangerous blood clot in the lungs may be mistaken for pneumonia, bronchitis, or anxiety.
What Could Be the Consequences of a Misdiagnosis?
A medical misdiagnosis or a failure to diagnose can lead to severe, life-altering consequences for patients and their families. When doctors miss critical symptoms or diagnose the wrong condition, patients may face the following:
- Delayed treatment — Some medical conditions tend to become more challenging to treat as time passes, making early intervention crucial.
- Worsening of the actual condition — Without proper treatment, the underlying medical issue may progress and cause additional complications.
- Unnecessary procedures — Patients might undergo treatments or surgeries they don’t need while their actual condition remains untreated.
- Emotional trauma — Receiving incorrect health information can cause significant psychological harm.
In addition to the unnecessary physical discomfort and psychological distress, misdiagnoses can occasion a significant increase in medical expenses. The financial stress resulting from these situations is the last thing you need when you are at your most vulnerable.
What Are Some Reasons a Misdiagnosis Could Happen?
Medical misdiagnosis can occur for various reasons, even in well-respected healthcare facilities. Common factors include:
- Communication breakdowns — Poor information sharing between medical providers or between doctors and patients.
- Laboratory errors — Mistakes in collecting, labeling, or analyzing test samples.
- Incomplete medical history — Failing to gather or review all relevant patient information.
- Rushed examinations — Not spending adequate time with patients to understand their symptoms fully.
- Failure to order appropriate tests — Not conducting the proper diagnostic procedures to identify the condition.
How Common Is a Medical Misdiagnosis?
According to a groundbreaking study by Johns Hopkins Medicine, approximately 795,000 Americans suffer permanent disability or death from diagnostic errors each year.
The research found that medical providers misdiagnose about 11 percent of cases overall, though this rate varies significantly by condition. For example, doctors miss strokes in 17.5 percent of cases, making it the leading cause of serious harm from misdiagnosis.
These statistics highlight how frequently diagnostic errors occur and underscore the importance of seeking experienced legal representation if you believe you’ve been misdiagnosed.
What Is Needed to Prove a Richmond Medical Misdiagnosis?
At Marks & Harrison, we draw upon decades of experience handling medical misdiagnosis cases to build strong claims for our clients. Our team can act quickly to gather and analyze all relevant evidence, including the following:
- Medical records — We can thoroughly review your complete medical history, test results, physician notes, and treatment plans.
- Expert testimony — We can consult with qualified medical professionals who can explain how the misdiagnosis fell short of acceptable medical practices.
- Timeline documentation — We can create detailed chronologies showing when symptoms appeared, what diagnoses were made or missed, and how delays affected your condition.
- Witness statements — We can gather accounts from family members and others who observed the progression of your symptoms and their effects on your daily life.
Several members of our legal team previously worked for insurance companies and healthcare providers, giving us unique insight into how to present medical evidence effectively. We also employ ten skilled investigators who help us uncover crucial details to support your case.
How Much Could a Richmond Misdiagnosis Case Be Worth?
Every medical misdiagnosis case presents unique circumstances that affect its potential value. When building your case, we consider various types of compensation, including the following:
- Medical expenses — Both current costs and anticipated future medical needs.
- Lost wages — Income lost while receiving treatment and any reduction in future earning ability.
- Physical pain — Suffering caused by the progression of an untreated condition or unnecessary treatments.
- Mental anguish — Emotional distress and psychological trauma from the experience.
What Is the Statute of Limitations in Virginia for Filing a Medical Misdiagnosis Lawsuit?
Under Virginia law, you generally have two years from the date of the misdiagnosis to file a medical misdiagnosis lawsuit. However, some exceptions exist. For instance, if you are a minor or if you could not reasonably have discovered the misdiagnosis immediately, the timeline might be extended.
However, in light of these strict deadlines for medical malpractice cases, we recommend contacting our legal team as soon as you suspect a misdiagnosis.
Contact a Richmond Medical Malpractice Attorney
For more than three generations, Marks & Harrison has protected the rights of medical malpractice victims and their families. Our depth of experience allows us to thoroughly investigate your medical malpractice lawsuit and build the strongest possible misdiagnosis claim on your behalf. Our goal is to help you recover compensation so you can get the medical treatment and medical care you need and move forward with your life.
Contact us today for a free, initial consultation with a Richmond misdiagnosis attorney.
