If you had a condition that was misdiagnosed or if your doctor failed to diagnose your condition entirely, you might be entitled to compensation. Misdiagnosis can mean that your condition goes untreated for a long time, and you may get worse while you wait for more information. Additionally, if you are diagnosed with the wrong condition, you could undergo treatment for a condition that you don’t even have. This can lead to serious physical harm and mental distress, potentially including irreversible harm. If your condition was misdiagnosed in Maryland, call Rice, Murtha & Psoras today to discuss filing a lawsuit and seeking compensation with help from our Maryland misdiagnosis injury lawyers.
Proving a Misdiagnosis Claim in Maryland
When you sue for misdiagnosis, you must first prove that the doctor or another medical professional that misdiagnosed you committed negligence in failing to get the diagnosis right. Obviously, if they did not get the diagnosis right, then they were wrong – but sometimes the limits of medical science make certain diagnostic mistakes reasonable. Some conditions are very difficult to identify, and even expert physicians cannot easily diagnose the condition or tell that condition apart from other similar conditions. In some cases, these diagnostic issues are reasonable complications.
However, if your doctor should have gotten the diagnosis correct, then you can usually sue them for medical malpractice for misdiagnosis. In cases where your doctor did not look closely enough at your case, did not order testing or scans, or did not examine you at all, you may be entitled to sue them for failing to properly diagnose your injury. Especially if you can find other medical professionals who can testify that they would have acted differently and that they would have properly diagnosed your condition, you may have a strong case against your doctor.
Damages for Misdiagnosis Lawsuits in Maryland
When you sue for medical malpractice, you can usually claim compensation for any damages that stem from the doctor’s errors. This could include many areas of harm, especially in cases of misdiagnosis, where the harm can be substantial. Along with damages for lost wages, the following are all common areas of compensation for misdiagnosis victims in Maryland:
Damages for Unnecessary Treatments
If your doctor diagnosed you with the wrong condition or illness, you could undergo treatment that you did not need. Especially in cases of misdiagnosis of cancer, the treatments you underwent could be extremely expensive and could cause significant harm if they were unnecessary.
The cost of treatments like chemotherapy and radiotherapy can be so expensive that they often bankrupt working families. Other medications that could be absolutely lifesaving for someone with a serious medical condition can also be quite expensive. If you pay for this medical care and medication and you spend hours on the phone fighting with medical insurance companies only to find that these treatments were unnecessary, you deserve serious financial compensation.
Additionally, some treatments for serious medical conditions involve invasive procedures. Exploratory surgery or invasive testing might be necessary to determine how to treat certain conditions, and if the doctor only finds out that you did not need these procedures after they performed them, the harm of the surgery should be compensated. Moreover, some treatments require the removal of body parts and organs. In cases of breast cancer, mastectomies are common – and in cases of testicular cancer, orchiectomies are common. These surgeries are irreversible, and if they were done unnecessarily, you could face permanent harm that you never should have faced.
Your doctor should be held accountable for all of these damages.
Damages for Worsened Conditions
After discovering what your true condition is, you might need additional medical care to treat the true condition. If a proper diagnosis was delayed, your condition might have gotten worse, and the care costs and treatments necessary might be higher than if your condition was caught early. Again, misdiagnosis of cancer is a clear example of this: early cancer treatment is one of the best predictors of success, and if cancer is left to get worse without treatment, it can become very difficult or impossible to treat.
If you suffered additional harm from increased care needs because your doctor did not diagnose your condition early enough, you should be entitled to sue for these damages. Some conditions can become deadly if left untreated, so if a loved one’s true diagnosis was only discovered after their death, you may be entitled to sue for additional damages for their death.
Mental Anguish from Wrongful Diagnosis
If you were wrongly told that you have a condition that you do not actually have, it can seriously alter your life. Being told that you have a serious diagnosis like cancer or a life-altering health condition like ALS or multiple sclerosis can have painful mental effects on a person. If you do have the condition, these mental effects are something you will have to live with and move forward with – but if the doctor was wrong, these mental effects constitute serious, unnecessary harm.
The trauma of being told you have cancer or that you might only have a year to live is truly a trauma in and of itself if the diagnosis was wrong. You should be entitled to claim damages for the mental and emotional distress of this kind of misdiagnosis.
Additionally, if your condition went undiagnosed, you may be filled with stress and worry about what is wrong with you. This unnecessary anguish should also be compensated.
Call Our Maryland Lawyer for Misdiagnosis and Medical Malpractice Victims
If you or a loved one had their health condition wrongly diagnosed, you may be entitled to sue for the unnecessary harm they faced from treatment for the wrong condition as well as the increased harm they faced while their true condition went untreated. Call Rice, Murtha & Psoras’s Maryland personal injury lawyers today to set up a free legal consultation and discuss your potential claim in a confidential setting. Call us today at (410) 694-7291 to schedule your free legal consultation.l