A medical misdiagnosis can be devastating for an ill or injured patient. It can delay or prevent the proper treatment the patient needs and even lead to unnecessary and potentially harmful, improper treatment. Misdiagnosis can lead to
permanent injuries and even death.
An alarming report published by BMJ Quality & Safety found that an estimated 795,000 Americans die or are permanently disabled by diagnostic errors every year. These results occur across the medical field, including clinical settings and hospitals.
If you have suffered harm due to misdiagnosis, contact the Scranton medical malpractice lawyers at Munley Law today. Our experienced attorneys will hold the negligent healthcare providers accountable and recover the compensation they deserve.
Holding Doctors Accountable for Your Misdiagnosis in Scranton
It’s no secret that the medical system in Pennsylvania and the United States is broken. Time details patients’ frustrations and mental anguish, noting the long wait times, dismissive physicians, and huge medical bills.
Today, healthcare professionals are incentivized to see as many patients as possible, which makes thorough examinations and careful diagnostics nearly impossible. Patients in Scranton can feel rushed, unheard, patronized, and dismissed. Unfortunately, many of them do not receive a proper diagnosis.
Consequences of Misdiagnosis in Scranton
The most dangerous outcome of a misdiagnosis is the delayed treatment of a potentially sick or injured patient.
For example, if a patient is diagnosed with breast fibroids but has breast cancer, the misdiagnosis can delay the start of treatment. The window of opportunity to save a patient’s life is significantly reduced when a misdiagnosis occurs.
Other physical effects of misdiagnosis include incorrect treatment, an unnecessary medical procedure, and even death.
How a Lawyer Can Help if You’ve Suffered from a Misdiagnosis in Scranton
To understand how a Scranton medical malpractice lawyer can help with your misdiagnosis claim, let’s break down the steps you’ll have to take to hold the negligent medical professionals accountable.
- Investigate and determine liability: A medical malpractice attorney will investigate your claim, including your medical records, hospital logs, and more. Your personal injury attorney will ensure a medical malpractice lawsuit is brought against every liable party, even if multiple parties are to blame.
- Filing the claim: Medical malpractice cases can be quite complicated in Pennsylvania. A single misstep can cost you the entire claim. There is a two-year statute of limitations for filing your medical malpractice claim. If you do not file within this timeframe, you’ll forfeit your rights to compensation. A medical malpractice lawyer will ensure your paperwork is filed correctly and on time.
- Negotiations: A medical malpractice lawyer will independently investigate your claim and present the evidence to the healthcare professional or medical facility’s insurance company. You do not have to communicate with the insurance company; your medical negligence lawyers will oversee all negotiation and correspondence.
- Taking your claim to court: Although only 5% of all personal injury claims end up in court, yours may fall into that percentage. If that’s the case, an experienced medical malpractice lawyer will represent you in court, presenting evidence that there was a duty of care owed to you and that the healthcare professional’s conduct fell below the standard of care.
Common Questions about Misdiagnosis Claims in Scranton
Is misdiagnosis malpractice?
A misdiagnosis is not necessarily medical malpractice. For a diagnostic error to legally be considered medical malpractice, the healthcare provider’s conduct must fall below the expected standard of care and result in harm to the patient.
For example, a patient goes to the doctor complaining of headaches. The doctor carefully listens as the patient describes the pain. He runs several tests, including bloodwork and scans, but they all come back clean. He diagnoses the patient with a head cold, prescribes pain medication, and sends him home. Several weeks go by, and the patient returns. The doctor runs more tests. This time, the results show that the patient has Lyme Disease.
While the doctor was wrong in his initial diagnosis, he still performed with the expected standard of care. He listened to his patients, took their complaints seriously, and ran diagnostic tests. The misdiagnosis would not be a legal claim against the doctor in this case.
Let’s take another example. A woman comes in complaining of severe chest pain and tightness. The doctor dismisses her symptoms and refuses to run any tests, believing she is exaggerating the pain and simply having a panic attack. He sends her home with anti-anxiety medication.
Hours pass, and the woman returns to the hospital, this time in full cardiac arrest. In this case, the doctor provided the patient with substandard care. He dismissed his patient and refused further tests to rule out a heart attack. The woman has a valid claim and should take legal action against that doctor for inadequate treatment and medical malpractice.
How does misdiagnosis happen?
According to the National Library of Medicine, there are three categories of misdiagnosis: no-fault errors, system-related errors, and cognitive errors.
- No-fault misdiagnosis errors are outside the control of the practicing physician.
- System-related errors can be technical, equipment, or communication problems.
- Cognitive errors include inadequate knowledge of an injury or illness, poor critical thinking skills, incompetence, and failure to combine information to diagnose a complex injury or illness.
What is the standard of care in medical malpractice cases?
The standard of care in medical malpractice cases is the level of skill and medical care that another reasonable medical professional who practices in the same field would take under similar circumstances.
The medical provider should have the necessary knowledge and skills to treat you. They should follow established medical practices and procedures. Finally, the healthcare professional should exercise reasonable judgment based on the patient’s condition and complaints.
Who is responsible for misdiagnosis?
The responsibility primarily falls on the healthcare provider who failed to meet the standards of care and gave the misdiagnosis. However, the hospital, clinic, or medical facility may be held liable in a medical malpractice claim under the doctrine of respondeat superior, which translates to “let the master answer.” Under this legal doctrine, an employer may be held accountable for the negligence committed by their employee during working hours.
How much will I be compensated for misdiagnosis?
There is no single estimate for how much compensation you will receive for a misdiagnosis claim. However, your medical malpractice lawyer will work to recover both economic and non-economic damages.
Economic damages are tangible financial losses that include medical bills, lost wages, and loss of earning capacity. In a wrongful death claim, the surviving family may be awarded funeral and burial costs, as well.
Non-economic damages are intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and 
post-traumatic stress disorder. Wrongful death lawsuits have added non-economic damages like loss of consortium.
Get a Free Consultation About Your Scranton Medical Misdiagnosis
Pennsylvania residents deserve to trust the medical treatment they receive. When that trust is broken, the Munley Law medical malpractice attorneys are here to champion your claim.
Our Scranton medical malpractice lawyers offer new clients a free consultation. During this time, we will assess your case, discuss your legal options, and initiate the claims process. Call today.
Munley Law Personal Injury Attorneys
227 Penn Ave.
Scranton, PA 18503
(570)865-4699
