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. If you have experienced wrongful diagnosis, contact the attorneys at The Law Offices of Emroch & Kilduff at (804) 358-1568 or online to discuss your case and learn if you qualify for compensation.
We Help People Whom Doctors MisdiagnosedAs 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 PatientsWrongful 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 ResponsibilityThe 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 DoA 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.