Saturday, October 16, 2021
Stay connected with us

Home > Physical Wellness

Can You Sue A Doctor for Misdiagnosing You?

Update Date: Nov 28, 2019 09:57 PM EST
Can You Sue A Doctor for Misdiagnosing You?
(Photo : photo)

If you have had chronic pain or have experienced unexplained illness, you have probably been to the doctor to find out what is wrong with you. Doctor's visits can be frustrating. Some physicians will try and convince you that the pain is all in your head, and others may prescribe the wrong medication or diagnose you with an illness that you do not have. Doctors are fearful of insurance companies holding out on them and they may even give a person an improper diagnosis because it would not be profitable to treat them. The good news is, you can sue a doctor for misdiagnosis in the state of Georgia.

Making a Case for Misdiagnosis

Although big lawsuits against hospitals for wrongful death may be what makes the news, most malpractice cases are actually for misdiagnosis. It is not uncommon for doctors to ignore certain symptoms because they do not want to order or perform certain tests for which an insurance company may not pay. A misdiagnosis by a physician can lead to the progression of a disease and other types of injury.

Misdiagnosis cases are hard to prove and it takes a trained personal injury attorney, such as the ones you can find at, to know just what research to do.

There are several pieces of evidence your attorney will need to go forward with your case.

You must establish that the doctor failed to perform an essential step in your diagnosis. If they did not order all the tests that they should have based on your symptoms, they may be considered negligent. A doctor is required to read your lab test and send you to a specialist if it is necessary. They must consult with you and analyze your symptoms carefully.

A trained lawyer will work to establish that the doctor neglected his duty of care and that a reasonable medical professional would have acted differently.  A physician's duty of care means that they must act competently and with an attempt to correctly diagnose a patient's illness.

How Compensation is Determined

Once your attorney has established that your doctor was negligent, they will attempt to come up with a fair amount of money to ask for. The award they ask for will be based on your medical costs, lost wages and your emotional pain and suffering.

When you have your initial consultation with your attorney, it is important to remember to bring all your medical bills to your meeting. You should also obtain a letter from your employer stating how much time you have missed off of work. Remember to tell your lawyer if you have missed any important life events. It is also important to give your attorney as many details as you can remember about your diagnosis process. Try to remember what questions the doctor asked you and what information you gave to the doctor.

In recent years many states have passed tort reform laws. Several members of the United States Congress have also attempted to make limits on awards in medical malpractice cases a law. Fortunately, the Supreme Court of Georgia has decided that tort reform is unconstitutional. Being misdiagnosed can be devastating, but a good attorney can get you the money you deserve.

*Authoritative Sources:

See Now: What Republicans Don't Want You To Know About Obamacare

Get the Most Popular Stories in a Weekly Newsletter
© 2017 Counsel & Heal All rights reserved. Do not reproduce without permission.

Join the Conversation

EDITOR'S Choices