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Delayed Diagnosis Vs. Misdiagnosis and the Legal Consequences

When performed in proper parameters, cosmetic surgery is an elective procedure that aims to change an individual’s physical appearance. When a medical professional evaluates an individual, he conducts a series of tests to assess the current condition of the patient. Doctors who don’t, put the patient at risk, which may result in later injury or damage. Delayed diagnosis and misdiagnosis are both prevalent in the medical field at a relative standard rate of incidence hovering from 10 to 20%.

The Difference Between Delayed Diagnosis and Misdiagnosis

A misdiagnosis occurs when doctors give the wrong diagnosis to a patient. It delays treatment, and, consequently, the patient may have a decreased chance of recovery. A misdiagnosis could injure a patient even if it were not life-threatening. Getting the wrong treatment can have a physical and emotional toll on an individual. The psychological damage is often difficult to undo, and the unnecessary procedures, surgeries, and medications can provide enough incentive to seek financial compensation.

A delayed diagnosis occurs when a correct diagnosis is given after a significant delay in time. The delay would need to adversely affect the health of the patient to qualify for medical malpractice. One example is the case of cancer that could be treated if caught early enough. A delayed diagnosis might cause death because the doctor failed to grab the illness soon enough. For the late diagnosis to give rise to a medical malpractice claim, it must result in significant injury to the patient. Failing to provide tests promptly is one of the most common reasons for a delayed diagnosis. A late diagnosis is a serious matter, and it can result in the death of the patient.

Example of Misdiagnosis and Delayed Diagnosis

Itzhak Brook is a pediatric infectious disease specialist who works at Georgetown University School of Medicine.

Brook was misdiagnosed with acid reflux after going to a local hospital for diagnosis and treatment. In reality, he had a cancerous growth that went undetected for seven months because of that misdiagnosis. If the doctors never discovered underlying cancer, he could have died due to the misdiagnosis. The procedure to identify the disease was pretty simple, and an intern is the one who figured out what was wrong.

Since the doctors eventually determined the correct diagnosis, this condition would likely be treated as a delayed diagnosis, as the proper diagnosis had been finally given. He believes the resultant surgery to remove his voice box would have been unnecessary if the doctors paid more attention to his case and correctly diagnosed his condition.

Dealing With a Misdiagnosis or Delayed Diagnosis

If you’ve recently discovered that your doctor misdiagnosed you, the first thing you should do is get treatment for your condition. Once you’re back on track to your health status, there are a few things you can do to improve your chances of recovering financially. Ultimately, any evidence must show that any other doctor operating in a similar situation wouldn’t have made the same delayed diagnosis or misdiagnosis. Your treating physician is obligated to provide an adequate standard of care. Failing to get a correct diagnosis is one of the most elemental parts of a doctor’s job.

Gathering Documentation

Gather any documentation that shows the dates of the misdiagnosis or delayed diagnosis, and keep track of any papers that show the new course of treatment and diagnosis. Locate information for any tests you paid for, medications you had to purchase and other remedies that were prescribed to treat the incorrect condition. While this time will be tiring for you, it’s important to keep good records so that you have the best chance of winning your case.

Don’t Threaten to Sue Your Doctor

Medical malpractice is tough to prove. Negligence must be shown on the part of the doctor, and that can be a difficult thing to accomplish. Don’t tell your doctor you’re planning on filing a lawsuit since you don’t yet know if you have a case. The best thing to do is keep track of your conversations, and maintain a local approach.

Get a Legal Consultation

Contact our law firm for a consultation to determine the best steps to take to recover your losses. While providing malpractice is difficult, our firm is experienced and can help you get your money back. Determining negligence can be difficult, but we have experience in helping people prove their cases. If necessary, we can secure expert witnesses that will testify on your behalf.

Continue Your Treatment

It’s important to keep your medication and follow the advice of your doctor so you can ensure you recover to the best of your ability. This is also important to make sure that you don’t inadvertently reduce the legitimacy of your case by failing to follow the prescriptions of your doctor. If you’d like to see another doctor for treatment, you do have the right to do this.

Create a Journal

While it may not be something you want to think about, create a journal that documents your experiences with the doctor. If a hard injury occurs because of the misdiagnosis or delayed diagnosis, your family may be able to use your notes to press charges on your behalf. A journal can also help vent your frustrations about the situation and help you better manage your recovery.

Getting the Help You Need

Medical malpractice is a complicated field, and you need the help of an experienced law firm. Law Offices of Vastola & Associates. are experts in defending victims of medical malpractice, and the company specializes in cosmetic surgery cases. Come find out how legal representation can help you win your case and get compensation for your injuries. If you’ve been harmed, you deserve to be awarded for your pain, suffering, and financial loss.


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