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Misdiagnosis

Medical Negligence: Misdiagnosis Claims in Missouri

Get Immediate Assistance for Your Misdiagnosis Claim

Misdiagnosis can cause delayed or improper treatment of your illness. It can result in significant harm and can cause irreparable damage. Your doctor has a duty of care to use the tools at their disposal to provide you with an accurate diagnosis, but they may fail to do so. At Bertram & Graf, L.L.C. we work to hold healthcare providers responsible for the decisions that impact their patients’ lives. 

Has a Misdiagnosis Affected Your Health?
Call us now at tel:(888) 398-2277 to discuss your case with an experienced Missouri attorney. We're here to fight for your rights.

Frequently Misdiagnosed Conditions You Should Know

Improper treatments following misdiagnosis can cause a number of unnecessary side effects. Your true condition remains untreated and may worsen over time. Doctors can fail to detect many common conditions or chronic illnesses, including but not limited to:

  • Strokes
  • Celiac Disease
  • Lyme Disease
  • Thyroid Conditions
  • Pulmonary Embolisms
  • Depression
  • Cancer
  • Heart Attacks
  • Fibromyalgia
  • Heart Disease
  • Irritable Bowel Syndrome (IBS)
  • Multiple Sclerosis (MS)
  • Brain Tumors

Misdiagnosing any of the above can delay appropriate treatment, causing undue suffering and, in some instances, endangering patients’ lives.

Impact of Emergency Room Delays on Patient Outcomes

For acute conditions, accurate and prompt treatment can be the difference between life and death. Emergency rooms are often equipped with highly trained medical professionals who have experience quickly diagnosing serious ailments and beginning treatment. Delays in treatments for many severe medical conditions, such as strokes, heart attacks, septic shock, or kidney infections, can leave lasting effects on the patient and may cause irreversible damage.

Understanding the Legal Requirements for a Misdiagnosis Claim

To pursue a misdiagnosis claim, certain legal elements must be proven in a medical malpractice case. These are the key components: 

  • Duty of Care: The healthcare provider (doctor, nurse, etc.) has a legal responsibility to provide a certain standard of care to their patients. This means that doctors must diagnose illnesses based on the best medical practices and available knowledge.
  • Breach of Duty: If a doctor fails to meet the standard of care—for example, by misdiagnosing a patient—they breach their duty. This could include failing to order necessary tests or ignoring a patient’s symptoms.
  • Causation: The misdiagnosis must have directly caused harm to the patient. For instance, a delayed diagnosis could result in worsening of the patient’s condition, requiring more extensive treatment or causing irreversible damage.
  • Damages: The patient must show that they suffered physical, emotional, or financial harm as a result of the misdiagnosis. This can include medical bills, lost wages, pain and suffering, or diminished quality of life.

In short, to succeed in a misdiagnosis claim, you must prove that a medical professional’s error led to harm.

How to Recognize Medical Negligence in Misdiagnosis

Recognizing medical negligence is crucial for patients. Here are some signs that may suggest a misdiagnosis:

  • Repetitive Visits with No Improvement: If symptoms persist despite treatment, it could be a sign that the diagnosis is incorrect.
  • Lack of Proper Testing: If a doctor dismisses concerns without performing necessary tests, this may indicate negligence.
  • Symptoms That Don’t Match the Diagnosis: When your symptoms don't align with the diagnosis or treatment plan, it might be time to seek a second opinion.
  • Unexplained Changes in Health: If the prescribed treatment doesn’t seem to work, or your condition worsens unexpectedly, consider consulting another doctor to confirm your diagnosis.

Seeking a second opinion is important to ensure the correct diagnosis and treatment.

How a Misdiagnosis Affects a Patient’s Quality of Life

A misdiagnosis can have long-lasting effects on a patient’s health and well-being:

  • Physical Health: A misdiagnosis may delay proper treatment, allowing the disease or condition to progress. This could require more invasive treatments or even result in permanent damage.
  • Mental Health: The emotional toll of dealing with the wrong diagnosis can cause anxiety, depression, and a sense of frustration. Patients may feel betrayed or unsure of their healthcare provider’s competence.
  • Quality of Life: Chronic pain, prolonged illness, or living with an undiagnosed condition can significantly affect day-to-day life. Patients may be unable to work, engage in hobbies, or care for their families.

Common Misdiagnosis Defense Strategies

Healthcare providers may use several defense strategies to counter misdiagnosis claims:

  • Complexity of Diagnosis: In many cases, doctors argue that the symptoms presented were not obvious or that the diagnosis was difficult to make. For example, diseases with similar symptoms (like Lyme disease and fibromyalgia) can lead to confusion.
  • Rare Conditions: Healthcare providers may argue that they couldn’t have known about a rare condition, especially if the symptoms presented were unusual or contradictory.
  • Reasonable Judgment: Doctors might claim that they acted according to what a reasonable healthcare provider would have done, based on available information at the time.

An experienced lawyer can counter these defenses by presenting expert testimony, proving that the doctor's actions deviated from standard practices, or showing how the delay in diagnosis caused harm. Legal representation ensures that your rights are protected and helps you seek justice for the harm caused by a misdiagnosis.

Frequently Asked Questions (FAQs) About Misdiagnosis Claims in Missouri

  • What is medical negligence in the context of a misdiagnosis claim?
    Medical negligence occurs when a healthcare provider fails to meet the expected standard of care, which results in harm to the patient. In a misdiagnosis case, this may include failing to recognize symptoms, not ordering appropriate tests, or making a wrong diagnosis that leads to improper treatment.
  • How do I know if I have been misdiagnosed?
    If you are experiencing ongoing symptoms that aren’t improving or if your diagnosis doesn’t match your symptoms, it could be a sign that you’ve been misdiagnosed. Other red flags include not receiving the recommended tests or treatment and your condition worsening despite following the prescribed course of action.
  • Can I file a misdiagnosis claim if my doctor wasn’t aware of my condition?
    A misdiagnosis claim can still be filed if the doctor was negligent in their diagnosis. This includes failing to take proper action based on the symptoms or test results available. Even if a condition is rare, doctors are expected to follow guidelines and seek further testing when necessary.
  • How long do I have to file a misdiagnosis claim in Missouri
    In Missouri, the statute of limitations for medical malpractice claims, including misdiagnosis, is generally two years from the date you discovered or should have discovered the injury. It’s important to consult an attorney quickly, as failing to file within the time limit could prevent you from receiving compensation.
  • How can a lawyer help with my misdiagnosis case
    An experienced lawyer can help by gathering evidence, such as medical records, expert testimony, and documentation to prove that the healthcare provider's error directly caused your harm. They can also counter any defenses the healthcare provider may use and ensure that your case is presented effectively in court.
  • What kinds of damages can I recover in a misdiagnosis case?
    Damages in a misdiagnosis case may include medical expenses (both past and future), lost wages due to time off work, pain and suffering, emotional distress, and in some cases, punitive damages if the provider’s conduct was egregiously negligent.

Steps to File a Misdiagnosis Compensation Claim in Kansas City

To file a medical malpractice claim, you must be able to prove that a medical professional’s negligence caused the misdiagnosis and resulted in personal harm. You have a short time to file your claim, so it is important to contact an experienced misdiagnosis attorney quickly.

Medical negligence litigation can be complex, but our Kansas City misdiagnosis attorneys at Bertram & Graf, L.L.C. are here to help. With decades of experience, our lawyers have the skills, professionalism, and knowledge to guide you through your case. We are honored to provide a voice for our clients and we seek to put your interests first.

Need Help with Your Misdiagnosis Claim?
Contact Bertram & Graf, L.L.C. today at tel:(888) 398-2277 for a free consultation. Let us help you seek the compensation you deserve.

Contact Bertram & Graf, L.L.C. Today!

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