If a doctor or specialist incorrectly identifies, or fails to identify, a condition, and you suffer harm as a result, there could be cause for a malpractice lawsuit. Proving liability requires showing that the outcome would have been better had you received the proper care.
Mistakes happen, and that is not necessarily a cause for a lawsuit. However, you have the right to pursue payment if they deviated from the accepted standard of healthcare and failed to meet it. Contact our seasoned Philadelphia misdiagnosis medical malpractice lawyer to learn more.
Three types of lawsuits fall within this category, including:
A misdiagnosis happens when a certified healthcare provider incorrectly identifies your illness, leading to a delay in treatment or treatment of a different condition. The errors can lead to a delay in receiving treatment for the wrong illness, which can lead to avoidable and life-threatening situations.
Failing to diagnose a condition promptly or overlooking it could allow the illness to worsen or become fatal. Some of the most commonly missed conditions include breast, colon, and prostate cancer, strokes, and heart attacks.
Delaying your diagnosis means the physician misses symptoms or misinterprets test results, and delays proper diagnosis and treatment. The error can allow the illness to progress or reduce treatment effectiveness, resulting in serious harm or death. During the consultation, our qualified Philadelphia misdiagnosis medical malpractice attorney could answer your specific questions and review the case.
Winning damages for malpractice requires showing that four elements exist. The first is the duty of care, which you can establish by showing that a doctor-patient relationship existed. That proves they had a legal responsibility, known as a duty of care. The second is breach of duty, and that requires you to demonstrate that they deviated from the standard and failed to provide what any other reasonably competent doctor would have in a similar situation.
The third component is causation, which requires your case to show that the breach of duty directly caused your damages and losses. If you had received the correct diagnosis earlier, there would have been a better outcome, and this part can often be the most challenging to establish. The last element to win damages is proof that you sustained actual harm, such as a worsened illness, leading to additional medical expenses, lost wages, and pain and suffering.
State legislation requires an additional step for medical malpractice lawsuits to weed out frivolous claims by ensuring the case has merit. Under 231 Pennsylvania Code Rule 1042.3, a qualified medical expert, practicing in the same or similar fields of medicine, must review the case and certify that the healthcare services you received from the defendant fell below the acceptable standards and that a deviation caused your injuries. They must include the statement and sign the Certificate of Merit for filing either with the complaint or within 60 days.
Most of the time, the civil court will require an affidavit for each defendant if there is more than one named on the claim. While the court may grant an extension if necessary or waive the requirement if they determine cause, they will dismiss the case entirely if the affidavit is not included and there was no prior approval. Our misdiagnosis medical malpractice lawyer in Philadelphia could take on the legal work, including obtaining the pre-filing requirement to ensure compliance with the statutes.
You have every right to expect them to pay if a medical provider caused you harm. While the cases are complex and often more challenging than other personal injury claims, if each element of liability exists, the court will hold them accountable.
Call our office to schedule a consultation with a practiced Philadelphia misdiagnosis medical malpractice lawyer to learn more. We will support you, advocate for your rights, and fight for a just outcome.
