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Whether you are going to your family doctor for a routine checkup or seeking emergency care at an urgent care clinic, you expect medical professionals to provide appropriate treatment recommendations. When you suffer serious harm because your doctor did not provide an accurate diagnosis, you may have grounds to pursue civil compensation.
That being said, it can be challenging to determine whether your physician failed to diagnose your condition to a legally actionable degree. Even then, you may face challenges getting paid fairly for ensuing losses without a seasoned medical malpractice attorney’s assistance. With a qualified Bala Cynwyd failure to diagnose lawyer on your side, you have a much better chance of securing a favorable case result.
Proving a Misdiagnosing Doctor Liable for Specific Losses
As with most medical malpractice claims, holding a doctor liable for failing to diagnose a condition or illness requires proving that the doctor failed to meet an appropriate “standard of care.” This standard is based on physicians with equivalent skills and experience working in similar circumstances. In other words, if an injured patient can prove that another qualified doctor would have been able to identify what was wrong with them based on the tests and symptoms, the patient may have grounds to sue.
A doctor found liable for failing to accurately diagnose someone may be financially accountable for every economic and non-economic form of harm that results from their negligence. Examples of recoverable damages include:
- Past and future medical expenses
- Missed work income and/or lost working ability
- Disability-related costs for assistive equipment, in-home care, and home/vehicle modifications
- Physical pain and discomfort
- Emotional and psychological distress
- Lost enjoyment of life, including lost consortium
Fortunately, state law does not impose any artificial “caps” on how much compensation a single person can demand for harm caused by medical negligence. A Bala Cynwyd attorney can help pursue recovery for the full value of any losses someone experiences because of a medical professional’s failure to diagnose their condition.
Filing Deadlines for Failure to Diagnose Claims
People who experience harm due to a doctor’s negligence do not have unlimited time to file suit. In fact, state law typically gives people a maximum of two years to take legal action from when they discovered—or reasonably should have discovered—that they experienced harm due to malpractice.
There are some notable exceptions to this rule. For example, if a minor suffers harm due to a doctor’s failure to diagnose a condition, that minor has until their 20th birthday—in other words, two years after they turn 18—to file suit. A medical malpractice lawyer in Bala Cynwyd can review evidence suggesting a medical professional failed to diagnose a condition to determine what filing deadlines may apply to a potential lawsuit. Then, a legal professional can ensure their client builds the strongest possible case within this timeframe.
Get in Touch With a Bala Cynwyd Failure to Diagnose Attorney
Delaying treatment by even a few days can have devastating consequences, to say nothing of how harmful getting the wrong treatment could be. If you have been injured or become severely ill under these circumstances, consider taking legal action against the healthcare providers who failed to live up to your trust and an appropriate standard of care.
Representation from a seasoned Bala Cynwyd failure to diagnose lawyer can make a huge difference in how likely you are to establish liability for your injuries and obtain the compensation you need. Call Lowenthal & Abrams today to discuss your options.
