Medical Malpractice Attorneys
Misdiagnosis Injury
One of the most common forms of medical malpractice occurs when a doctor or other health care professional makes a misdiagnosis or fails to properly diagnose an illness or injury. When the lack of a proper diagnosis or a misdiagnosis injures a patient, and the mistake was not one that a reasonable professional would make, the misdiagnosis or failure to diagnose is grounds for a medical malpractice lawsuit.
Medical Misdiagnosis
Medical misdiagnosis occurs in several different situations.
- A wrong diagnosis is made
- A correct diagnosis is made, but the subtype of the condition isn’t identified
- A correct diagnosis of the immediate condition is made, but the underlying cause is either not diagnosed or incorrectly diagnosed
- The diagnosis of a condition that is similar to the actual condition but not correct
- The diagnosis of a condition that doesn’t exist when the symptoms are actually side-effects from medication
- Misdiagnosis resulting from rare or common diagnoses. A person being diagnosed with “heart disease” for instance instead of the doctor looking for something else less common
All of these types of medical misdiagnoses can be serious, and even fatal.
Why Misdiagnosis is Medical Malpractice
Misdiagnosis and failure to diagnose are medical malpractice when the diagnosis error is not one that most reasonable professionals would have made. A new disease that’s extremely rare that has most of the medical community stumped, for instance, would make a doctor’s failure to properly diagnose something that most would have also done, and not grounds for malpractice. But for conditions and injuries that most medical professionals are expected to be familiar with, diagnosis errors are malpractice.
The failure to diagnose a disease or a wrong diagnosis not only sees the patient undergoing expensive and sometimes painful treatment for the wrong problem, but the original condition is allowed to continue unchecked. While sometimes this causes only minor problems and longer recuperation times, it’s easy to see why it could be devastating for some patients.
Failure to diagnose or misdiagnosis of a cancer, for instance, allows the cancer to continue to grow and possibly spread during a time that it should have been removed and/or treated to prevent its spread and growth. The misdiagnosis or failure to diagnose a condition like meningitis—with the symptoms chalked up to the flu, for instance—could prove fatal very quickly.
When a health care professional fails to diagnose an illness or injury that most reasonable professionals would have correctly diagnosed and that misdiagnosis results in injury to the patient, then medical malpractice is indicated. A DC lawyer experienced in medical malpractice cases, and especially in misdiagnosis and failure to diagnose malpractice cases, can look at your case and see if a lawsuit is something you will want to pursue.
If you believe you’ve been the victim of malpractice, or you have a loved who was the victim of misdiagnosis, then you should contact a District of Columbia medical malpractice lawyer right away to avoid missing the short time period after the malpractice in which you have to file a suit.
Contact The Law Offices of Kim Parker, P.A., to discuss your options.
Legal Overview of Medical Malpractice in DC and Maryland
Medical malpractice cases stem from preventable errors that occur in healthcare settings. Whether it’s a misdiagnosis, surgical mistake, or oversight in post-treatment care, these situations can lead to serious harm. To establish a claim, a patient must demonstrate that a healthcare provider failed to uphold the standard of care expected in their profession. This means proving that a competent provider in the same field and circumstances would not have made the same decision.
Working with a medical malpractice attorney is often necessary to evaluate the chain of events, interpret medical records, and retain qualified medical experts to confirm whether negligence occurred. Without legal guidance, patients may face challenges obtaining documentation, interpreting timelines, or understanding the full impact of their injuries in legal terms.
Common Medical Mistakes That May Lead to Legal Claims
Although every case is unique, recurring patterns of negligence arise in malpractice claims. These include:
- Missed or delayed diagnoses, especially in conditions like cancer, meningitis, or heart attacks.
- Medication errors, including incorrect prescriptions, dosage issues, or allergic reactions.
- Surgical incidents include wrong-site procedures or failure to account for all surgical tools.
- Childbirth injuries, both to mothers and infants, are due to improper monitoring or delayed decisions during labor.
- Poor post-operative monitoring or follow-up care can lead to infections or unnoticed complications.
A medical malpractice lawyer will closely assess how these events unfolded and whether better care could have prevented the harm. This analysis often involves a combination of expert reviews, medical timelines, and hospital records.
Damages and Legal Remedies in Malpractice Cases
When a medical provider’s negligence harms a patient, they may be entitled to recover compensation for a range of damages. These include:
- Medical expenses are tied to treating the injury or condition caused by the malpractice.
- Loss of income due to missed work or diminished future earning potential.
- Pain and suffering, especially in cases involving prolonged physical or emotional recovery.
- Loss of enjoyment of life, where the injury leads to permanent limitations or changes in quality of life.
In cases involving severe injury or death, family members may also pursue compensation for loss of companionship or wrongful death-related losses. A medical malpractice lawyer is critical in quantifying these damages and presenting a strong claim for recovery.
Practical Steps After Suspected Medical Negligence
Individuals who believe they were harmed due to a medical error should act quickly to preserve their rights. Immediate steps include:
- Requesting copies of all relevant medical records and reports.
- Taking detailed notes about the care received and symptoms experienced.
- Following up with a different provider to assess the current health status and determine appropriate treatment.
- Avoid direct communication with the provider’s insurance company until legal representation is secured.
Each jurisdiction has deadlines for filing a malpractice claim, and failing to act in time could bar recovery. In Maryland and the District of Columbia, the statute of limitations and specific notice requirements must be followed precisely, so early consultation with a medical malpractice attorney is strongly recommended.
Frequently Asked Questions
- How long do I have to file a malpractice claim?
In Maryland, most claims must be filed within three years of the injury or within five years of the injury’s occurrence, whichever is earlier. In D.C., the deadline is generally three years from the date of harm. - Is it necessary to hire an attorney for a medical malpractice case?
Due to the technical nature of these claims, legal representation is typically essential. Establishing negligence often requires expert testimony and a thorough investigation. - What does it cost to consult a medical malpractice lawyer?
Many attorneys offer free initial consultations and take cases on a contingency fee basis, meaning there’s no upfront cost unless compensation is recovered. - Can I still file a claim if I signed a consent form?
Yes. A consent form does not protect a provider from liability if their actions deviate from accepted standards of care. - What kind of evidence should I gather?
Keep copies of all medical records, prescriptions, diagnostic test results, discharge summaries, and written communication with providers. - What if the condition got worse after treatment?
A poor outcome alone doesn’t establish malpractice. The legal issue is whether the care fell below the expected standard. - Can I sue if I was partially responsible for the outcome?
Contributory negligence rules may apply in Maryland and D.C., so it’s essential to consult with an attorney to assess whether your actions affect your right to compensation.
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Our firm is committed to serving clients in Baltimore, Maryland, Washington, D.C., and the surrounding areas.