It can be frustrating when doctors either miss serious health problems or provide the wrong diagnosis. Misdiagnosis leads to the actual problem of not being treated and also administration of the wrong treatment. Oftentimes, receiving the wrong treatment results in worsening illnesses, new medical issues, side effects, disability, and even death. Not every misdiagnosis stems from negligence. But when it does, and a patient experiences harm, they can take legal action to pursue damages.
Here are several things you can do to protect yourself or a loved one if you suspect a misdiagnosis. If you have been misdiagnosed and experienced harm, the skilled Florida misdiagnosis attorneys at Freedland Harwin Valori Gander will help you explore your legal options.
What To Do if You or a Loved One Is Misdiagnosed
If you believe that you or a loved one has received a wrong diagnosis, act quickly because conditions left untreated can cause significant harm. Watch for the signs and talk to your doctor. If you still suspect a misdiagnosis, get another opinion before a potentially dangerous medical problem worsens.
1. Recognizing Signs of Potential Misdiagnosis
There are several signs of a possible misdiagnosis. Talk to your doctor if you feel any of the following occurred:
- A rushed diagnosis when your doctor did not collect a complete medical history or ask you detailed questions about your illness. You may also have symptoms inconsistent with the given diagnosis.
- A lack of testing, such as diagnostic tests, to rule out serious problems before a diagnosis of a lesser medical issue
- Unsuccessful treatment or progression of the condition, treatment that did not produce expected results and caused new or worsening symptoms.
These are not all the possible signs of a misdiagnosis. Anything that makes you feel like your doctor isn’t treating your actual condition is worth exploring further. Discuss these issues with your physician. Ask detailed questions about whether you need additional testing or may have a different condition than the one they initially diagnosed.
2. Keep Detailed Records
Keep a symptom diary. Include every symptom you have and note any changes. Continue updating it throughout your illness, taking special note of changes you feel after your doctor’s diagnosis and treatment. It may seem like a lot of work for what could be a simple illness, but your diary will provide critical information if your doctor is negligent in your treatment.
Further, keep copies of your medical records, prescriptions, and test results. Along with your symptom diary, they provide critical information when you raise concerns to your doctor or seek a second opinion. If you later decide to file a claim, this information can also establish what happened over time to build your case.
3. Seek Clarification From Your Doctor
If you are not improving or worry that your original diagnosis was incorrect, talk to your doctor about your symptoms and medications and whether you may have a different condition than what they diagnosed.
Show your doctor your symptom journal and give them any other relevant information about your illness. Be truthful when your doctor asks questions about your diet, exercise, alcohol use, or other factors affecting your health. Open communication with your health care providers is critical to proper diagnosis and treatment.
4. Consider Getting a Second Opinion
If you don’t think your doctor is listening to you and properly addressing your ongoing illness, get a second opinion. Give your second health care provider your symptom journal and medical records, and answer their questions about your health and current treatment.
Explain in detail your conversations with your first doctor and their specific diagnosis. Tell your new doctor why you question that diagnosis. Make sure to cover the diagnosis, the date you started medications, and the ongoing symptoms you are still experiencing. If your second doctor suggests additional diagnostic tests, taking them may be in your best interest.
Legal Considerations
Not all medical mistakes amount to negligence and medical malpractice. But sometimes, doctors are negligent and cause serious patient harm. A 2023 study found that annually, 795,000 people in the United States die or are left permanently disabled from diagnostic errors. Cancer, infections, and vascular events comprised 75 percent of these misdiagnoses.
If you or a loved one has been misdiagnosed and experienced harm, consult our medical malpractice attorneys. We will evaluate your case and apprise you of your potential legal options. Our attorneys have a proven track record of standing up to health care professionals and their insurance companies and getting our clients compensation for their economic and non-economic damages. Additionally, if your loved one died from an incorrect medical diagnosis, our team can help you file a wrongful death claim.
Contact Our Florida Misdiagnosis Attorneys for Legal Assistance
When you seek medical treatment, you expect your doctor to meet the proper standard of care by collecting key information and running necessary tests to make a correct diagnosis. When doctors fail to meet the proper standard, you need an attorney with experience in these complex cases and a history of success.
Freedland Harwin Valori Gander has more than 20 years of experience helping people harmed by medical malpractice, and we’ve recovered over $2.6 billion in damages for our deserving clients. Get started on your case today with a free consultation. To learn more about how we will handle your case, visit our FAQ page.
