When patients are injured as a result of a hospital or doctor’s negligence, they often have the option of filing a lawsuit against the at-fault party. This was not always true for everyone, however, as active members of the military were just recently afforded the right to file a medical malpractice claim against military doctors for sub-standard treatment received at a Department of Defense (DOD) healthcare facility or VA hospital.
While these changes will give more servicemen and women the opportunity to recover compensation for injuries caused by a negligent medical professional, navigating this area of the law continues to be complex. If you or a loved one were recently misdiagnosed as a result of military doctor’s negligence, it is important to contact an experienced lawyers who can walk you through the filing process.
Injuries and Complications Resulting from Misdiagnosis
A misdiagnosis occurs when a healthcare provider inaccurately identifies a person’s medical condition and devises a treatment plan based on the erroneous diagnosis. The results of this type of mistake can have devastating consequences for patients, causing permanent harm or disability, or even death. Certain conditions tend to be misdiagnosed more than others, as their symptoms often overlap, including:
- Certain cancers;
- Heart attacks;
- Blockages in veins and arteries;
- Intestinal blockages;
- Metabolic disorders; and
- Fetal distress.
Unfortunately, failing to diagnose these types of conditions early can have serious consequences for patients, as treatment must usually begin immediately.
Common Causes of Misdiagnosis
When a patient suffers negative consequences as a result of a doctor’s misdiagnosis, the injured party could be entitled to damages compensating him or her for related losses. However, before a plaintiff can recover these damages, he or she will need to prove that the doctor, nurse, or medical professional in question did not adhere to the proper standard of care by:
- Failing to consider alternative diagnoses;
- Failing to order or conduct proper diagnostic testing;
- Failing to conduct a thorough examination or assessment;
- Failing to follow-up on a patient’s information;
- Failing to communicate or engage with patients;
- Using inadequate reporting methods; or
- Using faulty lab tests or equipment.
Even if evidence of this type of negligence exists, plaintiffs must still demonstrate that their condition was worsened as a result of the missed diagnosis opportunity. This can be shown by detailed medical records and expert testimony, in addition to the testimony of the injured party. However, gathering this evidence can be difficult, especially in military misdiagnosis cases, as the operation of military medical facilities and information about their patients is often restricted, making it especially important for patients who were misdiagnosed and are also members of the military, to speak with an experienced military medical misdiagnosis attorney as soon as possible.
Set Up an Initial Consultation Today
Please contact Palmer | Lopez online or by calling 813-506-5651 today to schedule a free, no obligation consultation with a dedicated Brandon military medical misdiagnosis lawyer. A member of our team is standing by to address your misdiagnosis-related questions and concerns.