Legal Nurse Consulting Program Article on Misdiagnosis

Physician Flub: How to Protect Yourself After a Misdiagnosis

Good article. Please also review our legal nurse consulting program
Good article. Please also review our legal nurse consulting program

You’ve wasted months or even years treating an illness you thought you had, only to find out you’ve been misdiagnosed. You’re hurt, you’re scared and you feel hopeless. You don’t have to sit by and accept what has happened to you. You can begin protecting yourself after your misdiagnosis right away.

1. Find a Malpractice Lawyer

Medical malpractice is a very tricky subject with many complicated laws. A medical malpractice lawyer will help you navigate the legal system if you decide to pursue damages. Your lawyer will also help you find a new specialist and get the correct paperwork before you file a lawsuit.

It’s important to get a lawyer first, to make sure you follow the correct procedure. Otherwise, you risk losing your potential settlement. Don’t sign anything your doctor’s office sends you without you lawyer’s approval.

2. Get Your New Doctor’s Testimony

Of course, once you’ve received a diagnosis, the first thing you’ll do is find a new doctor you can trust. According to the Dolman Law Group, in states like Florida, before a malpractice suit is filed, a medical professional has to swear under oath that the “treating doctor acted outside the established medical standard of care.”

In the event of a death, the testimony must state that the death was directly caused by the misdiagnosis.

3. Begin Documenting Your Symptoms

Starting a symptom diary is important for two reasons. First, it is good to have documentation to bring to your new doctor. Knowing when and under what conditions your symptoms present can help you get the accurate diagnosis you deserve.

Second, if your misdiagnosis has caused you actual harm, this symptom diary can be used as evidence in any lawsuits you might file. You can keep a time-stamped diary online, which you should take with you to any doctor or lawyer visit.

Make sure to include details about your symptoms, including what you’ve eaten, what medicine you took and the amount of sleep you got.

4. Act Quickly

You’re already tired after suffering from a chronic illness, and when you find out that you’ve been misdiagnosed, you may just want to rest. However, you need to act as soon as possible to make sure you get the compensation you deserve.

Malpractice suits have a statute of limitations. In Florida, you only have two years after misdiagnosis to file a lawsuit. If you suspect your doctor has acted in bad faith with your treatment, find a new doctor and a lawyer immediately.

Receiving a misdiagnosis seems unfair, and you deserve justice and compensation. If you believe your misdiagnosis was the result of malpractice, take these steps to protect yourself and start down the road to healing.


Please also review our Legal Nurse Consulting Program

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