Richmond Wrongful Diagnosis Law Attorney
Have you suffered from symptoms and side effects of treatments for an illness, only to have something suddenly change? If a medical provider has failed to give you an accurate diagnosis, you have been treated for an illness you don’t have, or you have missed out on potentially transformative management or a cure for a condition you do have, you may be wondering what to do next.
We Help People Whom Doctors Misdiagnosed
As many as 80,000 deaths per year are caused by wrongful diagnosis. The Law Offices of Emroch & Kilduff has experience in all areas of medical malpractice, including wrongful diagnoses, from missed diagnosis (overlooking or ignoring symptoms) to misdiagnosis (identifying the wrong condition).
We have helped recover damages for clients harmed by wrongful diagnosis, and if you’ve suffered wrongful diagnosis we would like to hear the details of your case to determine if we can help you too.
Why Incorrect Diagnoses Hurt Patients
Wrongful diagnosis is when a doctor negligently or erroneously fails to diagnose an illness the patient has, or when a doctor mistakenly diagnoses one condition when a patient actually has another.
In wrongful diagnosis cases, the patient may receive treatment for the wrong illness, have treatment delayed for the condition they actually have, or have no treatment at all. Any of these failures can cause:
- Prolonged illness and suffering
- Increased pain
- More difficulty controlling symptoms
- A more advanced form of the illness or disease to develop
Diagnosis Is More Than a Doctor’s Responsibility
The diagnosing physician, who may be the patient’s primary care physician, a specialist, or other physician who managed the patient’s care or treatment, may be responsible for wrongful diagnosis. In some cases, the facility where the patient received medical care may also be responsible.
The Damage Wrongful Diagnosis Can Do
A wrongful diagnosis claim must establish that the doctor would have been able to appropriately diagnose the patient’s symptoms but for a breach of the duty of care. It must also be shown that the wrongful diagnosis caused damages to the patient. Damages may include:
- Increased or unnecessary medical expenses, such as the cost of inappropriate treatments as well as additional medical bills for proper treatment;
- Lost wages and lost earning capacity, including missed work for unneeded treatment, and sick time taken or lost employment after missed diagnosis;
- Pain and suffering, including symptoms and side effects of unnecessary treatment, embarrassment, and depression; and/or
- Funeral and burial expenses when wrongful diagnosis resulted in death.
Doctors and Hospitals Will Fight Back
Wrongful diagnosis defendants employ a range of tactics to avoid liability and damages. These may include attempting to prove the doctor could not have reasonably diagnosed the illness based on the symptoms. They may argue the patient failed to report all symptoms, or the symptoms were atypical of the illness.
Alternatively, defendants may offer a settlement that doesn’t compensate for the patient’s real or projected damages. In many cases, insurance companies will willingly provide a settlement offer early in the process. Unfortunately, the offer may be inadequate and not reflect what the patient rightfully should receive for their wrongful diagnosis.
Having a lawyer advocate for the patient helps ensure the best possible outcomes in wrongful diagnosis cases, because they will work to see that defendants are held responsible for their negligence.
Get the Legal Help You Need From Emroch & Kilduff
When you need a wrongful diagnosis lawyer, you don’t want big legal bills on top of your medical bills. Most law firms offer free consultations to discuss potential cases. If a lawyer agrees to pursue your wrongful diagnosis claim, you typically will not pay attorney’s fees and litigation costs upfront. Personal injury cases are often handled on a contingent fee basis, meaning the lawyer will deduct their fees and expenses from any eventual settlement or judgment.
If you or someone you love has suffered from a wrongful diagnosis, you need a lawyer with experience to work on your behalf. Contact The Law Offices of Emroch and Kilduff online, or in Richmond at (804) 358-1568 to schedule a free consultation with one of our lawyers.