Massachusetts Wrong Diagnosis Attorney
When patients go to doctors because of health complaints, they have a right to expect that their condition will be accurately diagnosed, but the Massachusetts wrong diagnosis lawyers at Crowe & Mulvey, LLP are very aware of how common wrong or late diagnoses can be. In some cases, of course, a patient’s symptoms may be so general that any number of health issues may be to blame, making it difficult to make a correct diagnosis initially. However, there are many other circumstances in which a doctor should have been able to determine what was ailing a patient, but failed to. In these circumstances, a patient may face serious consequences, or even death, as a result of a wrong or delayed diagnosis.
Even with few or no symptoms, many patients should be screened for common diseases such as breast cancer, colon cancer, prostate cancer, cervical cancer, diabetes, heart disease, or circulation problems. The purpose of screening is to detect problems before they cause serious harm or death. Doctors need to keep up with current recommendations and screening tests and to notify patients when screening tests are due. If proper screening isn’t done, serious medical conditions may not be diagnosed until it’s too late for effective treatment.
If you or someone you know has suffered injury or death as a result of a doctor’s wrong or delayed diagnosis of your condition, you may be entitled to compensation for the suffering and losses you have experienced. Our medical-legal staff understands how to identify medical signs and symptoms that may have been missed or ignored by a health care provider. Our Massachusetts wrong diagnosis lawyers represent families throughout New England, including Massachusetts, New Hampshire, and Rhode Island. Contact the Massachusetts wrong diagnosis attorneys of Crowe & Mulvey, LLP, at (617) 426-4488 today for a free consultation about your case.
Why Choose Crowe & Mulvey, LLP?
You put your trust in your doctor to take care of you. You expect them to make a responsible and accurate diagnosis of your health problems each time you visit. While our doctors are human and as such, may make mistakes, they can and should be held to. a higher standard when your health and life are on the line.
Bringing a medical malpractice claim against a doctor can help prevent them from committing further acts of negligence in the future. However, a wrong diagnosis is not enough to have a successful claim. At Crowe & Mulvey, LLP, our attorneys can help assist you through the complicated legal procedures in a wrongful diagnosis claim. We will provide you with the experienced counsel necessary to put forth a strong, persuasive wrongful diagnosis claim.
At Crowe & Mulvey, LLP, we approach each claim by not having just one individual review your case, but rather a whole team of professionals. We have lawyers, nurses, legal secretaries, and more helping to help get you the best outcome possible. The legal counsel at Crowe & Mulvey, LLP has recovered more than $300 million in total for our clients. We have consistently been named among the Best Lawyers in America and Super Lawyers. Our team knows how to get the result our clients want to see. Contact Crowe & Mulvey, LLP today at (617) 426-4488. You don’t pay a single cent unless we win your case.
Commonly Misdiagnosed Conditions
Busy doctors may sometimes ignore a patient’s signs or symptoms, or simply attribute them to stress, muscle strain, heartburn, migraine, or other less serious conditions. If the doctor is wrong, the patient may suffer from serious harm or even death.
In many cases, a patient may suffer from very general symptoms, making it difficult for medical professionals to provide an accurate diagnosis regardless of competence. However, there are a number of different common conditions which have signs and symptoms identifiable enough that most medical professionals are expected to recognize them, but many often fail to do so. Some of these include the following:
If you believe that a medical care provider failed to identify these or other conditions in you or a loved one, do not hesitate to take action.
Proving Wrongful Diagnosis
As stated earlier, a wrong diagnosis does not mean that the doctor can be held legally responsible for his or her actions. There are three things that need to be proved in order to have a successful wrongful diagnosis claim:
- The doctor-patient relationship existed between the plaintiff and the defendant.
- The doctor was negligent; this does not mean that he or she only provided the wrong diagnosis.
- The doctor’s negligence caused actual harm to the patient.
Proving the first element will be easy. The second and third elements are usually what will determine whether or not your claim will be successful.
How to Determine Negligence
Even the best doctors using the utmost level of care will provide diagnoses that are wrong from time to time. This is why a wrong diagnosis is not enough for a successful claim in court. The key things to look at when determining the doctor’s negligence are as follows:
- Was the doctor using reasonable care?
- What did the doctor do to get to the wrong diagnosis?
- What did the doctor fail to do?
- Was the doctor acting within the standards of the medical community?
Essentially, the patient would need to prove that an ordinary doctor of the same skill in the same or similar circumstances would have diagnosed the patient correctly. The plaintiff can prove this by showing that the doctor did not include the correct diagnosis on the diagnostic test and that a reasonable doctor would have. Alternatively, the plaintiff can prove negligence by showing that the doctor did include the correct diagnosis on the diagnostic test, but did not perform the correct tests. Determining negligence can be tricky, and an experienced lawyer will help you analyze your particular case.
Did the Misdiagnosis Cause You Harm?
Actual harm must also result from the wrong diagnosis. For a delayed diagnosis, the patient must prove that the condition got far worse than it would have gotten if the diagnosis had not been delayed and that the worsened condition is causing the treatment to be less effective. Just because a patient can be treated successfully does not always mean that there is no actual harm. A patient can prove harm in other forms, including medical problems, expenses from additional treatment that wouldn’t be required if the diagnosis was correct, stress, and anxiety.
The Massachusetts wrong diagnosis lawyers at Crowe & Mulvey, LLP are ready to defend your legal rights. You are more than just a client to us. We will provide you with legal help that is tailored to you and your case. When a wrong diagnosis happens, it can turn your life upside down. We know the worry and suffering you may be experiencing, and we want to help right the wrongs that have happened to you. Our attorneys will work day in and day out to make sure you get the compensation you’re entitled to.
If you or someone you know has suffered injury or death caused by a medical provider’s wrong or late diagnosis, we may be able to help you find out more about what happened and whether you are entitled to compensation. Contact a Boston medical malpractice lawyer at Crowe & Mulvey, LLP, today at (617) 426-4488 for a free consultation with an experienced member of our medical-legal team.