How to Get Rightful Compensation from a Lawyer for a Medical Misdiagnosis


Infections, cancer, and cardiovascular disease are the top three medical categories that take up about 75% of misdiagnosis-related incidents, resulting in malpractice claims. About 12 million patients are misdiagnosed each year, and 20% are seriously ill.

Have you been a victim of such an incident? Then you need to consult a medical malpractice lawyer who can file malpractice cases for you and ensure that you are able to get the rightful compensation.

Here is some information on the impact of misdiagnosis, the steps to file a case, and how your compensation is calculated.

What is the Impact Of the Misdiagnosis?

A misdiagnosis can lead to many unnecessary tests, treatments, and even surgeries. Also, the high cost of repeated tests and treatment procedures, despite being covered by insurance, puts a strain on your finances and family medical budget. Apart from that, you may have to leave work, resulting in lost wages. When you are not earning and undergoing unfair treatment, you pay for being treated for an incorrect diagnosis.

Moreover, a misdiagnosis can lead to unnecessary physical and emotional stress on not just yourself but on the entire family because you expect to feel better but cannot. When misdiagnosed, you have to go through several tests, diagnoses, treatments, and medicines. Under most unfortunate circumstances, misdiagnosis can be fatal when the patient suffers from a severe disease but is never alerted.

What are the Steps to File a Malpractice Lawsuit?

While the process of a malpractice lawsuit may vary from one jurisdiction to another, the fundamental features and procedures are the same. You need to prove four essential points to file a lawsuit.

  1. Establishing a doctor-patient relationship is vital. It means that you agreed to the treatment that the doctor provided.
  2. Once this is found, it is time for the duty of care. It is the doctor’s responsibility to provide correct treatment as per the standards laid down by the medical profession.
  3. The next step is to prove a breach of duty of care. Your lawyer will ensure that an expert medical practitioner testifies with this regard.
  4. Finally, you need to prove that the medical breach led to your physical and mental injury.

How to Get Compensation?

An expert lawyer can help you properly. They can calculate the exact amount you deserve, based on the severity of the injury, cost incurred due to incorrect treatment, price of other therapy, trial expenses, the physical distress caused due to misdiagnosis, the worsening of prognosis, lost wages, out-of-pocket costs, the mental stress of the entire process, and in some cases loss of life. The medical malpractice lawyer will try to secure the rightful compensation for you based on these factors.

Misdiagnosis can be impairing both physically and psychologically. About one in every twenty patients are misdiagnosed each year, putting a strain on the entirely legal system. Suppose you are an unfortunate victim of such an incident. In that case, you can hire lawyers to ensure that you get the compensation you deserve for the mental and physical trauma.

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