Medical Misdiagnosis Lawyers in Pittsburgh, PA
Most people trust their doctor. When you visit your doctor's office, you never expect to suffer from medical malpractice. But unfortunately, misdiagnosis, failure to diagnose, or a delay in diagnosis are all too common in the medical field. Twelve million Americans are the victims of doctor negligence each year, and more than 100,000 of these patients suffer significant injury or death. If your doctor misdiagnosed your condition, and as a result your health deteriorated, suing for malpractice may be your best course of action.
What is the Average Settlement for Medical Malpractice Lawsuit?
The vast majority of medical malpractice lawsuits are settled out of court. In fact, over 90 percent of medical misdiagnosis cases never see the inside of a courtroom. In Pennsylvania, there is currently no cap on the amount you can earn from a malpractice lawsuit, but the individual facts of your case will influence the actual amount you may receive. Your pain and suffering and lost wages that result from the misdiagnosis – not the medical condition itself – will also impact the amount you can win from your case. While we can't answer the specific question, "What compensation can I get?" with a dollar amount, our legal team can help determine what types of monetary damages you're entitled to for your injuries.
Can You Sue a Doctor for Negligence?
If you believe your doctor failed to uphold the "medical standard of care," you may be able to file a misdiagnosis lawsuit against your physician. This means you believe that a similarly trained doctor would have discovered the health issue that your own physician failed to recognize.
But simply showing that your doctor failed to make the correct diagnosis is not enough to file a medical negligence lawsuit. A malpractice case can only be successful if it is shows that the doctor did not take reasonable care and that the failure to diagnose resulted in direct harm to the victim. If you plan on suing for misdiagnosis, be sure you can prove that:
- A doctor-patient relationship existed.
- The doctor failed to diagnose, misdiagnosed, or delayed in correctly diagnosing your medical condition.
- You suffered specific, serious, or lasting harm (this can include physical pain, emotional pain, additional medical bills, or lost wages).
- The injury or harm was a result of the doctor's negligence.
Only with all of these components can you hope to win a wrong diagnosis lawsuit. You must also bring a medical malpractice claim quickly following your injury. In Pennsylvania, the statute of limitations to file a medical malpractice lawsuit is usually two years. That's why it's important to call Edgar Snyder & Associates as soon as possible to determine if you have a case.
Additionally, if you are wondering, "Can I sue a hospital for misdiagnosis?" the answer is typically no. Suing a hospital for negligence is highly uncommon as most doctors are independent contractors and not employees of the hospital.
Is Failure to Diagnose Medical Malpractice?
Many people often ask, "Can you sue a doctor for failure to diagnose a health condition?" In fact, failure to diagnose is one of the most common forms of medical malpractice. Failure to diagnose occurs when:
- Your doctor misses the connection between your symptoms and a medical condition and therefore, you receive no treatment.
- A competent physician would have diagnosed your illness in a way that would have led to a more preferable outcome.
In order for failure to diagnose to be considered medical malpractice, your circumstances must meet the conditions listed above. Additionally, failure to diagnose could be considered malpractice if your doctor fails to ask about your personal medical history or fails to order the appropriate tests for your medical issue. Let Edgar Snyder & Associates help you determine if you have a medical malpractice case.
Is a Misdiagnosis Considered Malpractice?
Another question we frequently hear is, "Can you sue a doctor for misdiagnosis?" Misdiagnosis is only considered malpractice when a competent doctor in the same field would have made the correct diagnosis and there was direct injury resulting from the error. Misdiagnosis may cause harm to the patient in a variety of ways, including:
- Needlessly exposing a patient to harmful courses of treatment (such as radiation or chemotherapy)
- Performing unnecessary surgical procedures (scarring or disfigurement could result)
- Exposing a patient to aggressive treatment that would not have been required if the disease had been recognized earlier
- Failing to provide any treatment at all for a harmful disease when necessary
- Increased likelihood of death
If you experienced any of these issues as a result of a misdiagnosis, it may be considered medical malpractice and you may be able to file a misdiagnosis lawsuit.
Medical Misdiagnosis Cases and Stories
Statistically, the most prevalent types of diagnostic errors in Pennsylvania involve:
- Failure to diagnose resulting in deadly metastatic cancer
- Failure to diagnose and treat pulmonary embolism
- Failure to diagnose Acute Coronary Syndrome
- Failure to diagnose and treat appendicitis
- Failure to diagnose fractures
Of all of these conditions, doctor misdiagnosed cancer is one of the most dangerous, as early detection is essential to combat the disease. If your doctor failed to diagnose your cancer in a timely manner and as a result your cancer worsened or more severe treatment methods were needed, you may be entitled to damages through a cancer misdiagnosis lawsuit.
There is no time to wait. Call Edgar Snyder & Associates today at 412-394-1000 for a free, no-obligation case review. Let the medical malpractice lawyers deal with the paperwork and hassles so you can concentrate on what's most important: getting better.