Steps to Take After a Misdiagnosis: Legal Insights from an Attorney

Lynn Martelli
Lynn Martelli

If you have suffered due to a medical misdiagnosis, you are probably confused and worried about what to do next. Most of us put a lot of faith in the medical industry and doctors and other medical professionals who take care of us when we get ill. We want to trust that they know what they’re doing and will do their best to properly diagnose our illness and take the right steps to cure it. However, a misdiagnosis–especially if it’s due to negligence–can have devastating consequences. To ensure that you get the help you need, you should be aware of the right steps to take as soon as you can after realizing you’ve been misdiagnosed.

Here is more information on the proper steps to take after a misdiagnosis according to a misdiagnosis attorney.

Step 1: Get a Second Opinion

Sometimes the only way to prove that you’ve been misdiagnosed is to see a different doctor who can give you a fresh perspective. Find a second doctor who is no way affiliated with the original doctor who diagnosed you and who has a good reputation in his or her field.

Step 2: Get Your Medical Records in Order

To prove that a misdiagnosis has occurred and to prove fault, your misdiagnosis attorney will need your medical records. This could include records of test results, copies of imaging, and notes from other pros who have looked into your symptoms. You can request these from your doctor’s office or access them online if your doctor uses a digital system.

Step 3: Track Your Symptoms

You need to have proof that your misdiagnosis resulted in problems such as pain, mental suffering, worsening of your illness, or anything else that has impacted your quality of life. As soon as you realize a misdiagnosis has occurred, start keeping a detailed record of when symptoms started, what they entailed, what treatments you tried, and any other relevant information. Your misdiagnosis attorney may need these details when seeking compensation for you.

Step 4: Call an Experienced Attorney

Make the call to a misdiagnosis attorney as soon as you can after you have the realization that your doctor has made a mistake. This is a specialized type of medical malpractice lawyer who is familiar with these types of cases and will be able to advise you on whether or not you should seek compensation and what steps to take next. Your attorney will be an invaluable advocate for you as you attempt to get justice for your injuries and make sure those at fault are held responsible.

Step 5: Prepare for Negotiations or Court

Your misdiagnosis attorney will decide if you should negotiate to come to a settlement or if you should file a medical malpractice lawsuit and take your case to court. In many cases, a settlement will be reached before a case proceeds to court. However, if you do need to take the stand, know that your attorney will advise you on exactly what to do and say so there is no need to worry.

Working with a Misdiagnosis Attorney

A misdiagnosis can have life-altering consequences, especially if it leads to unnecessary treatments or to the progression of a serious illness. When you work with an experienced misdiagnosis attorney, you can ensure your rights are upheld and that the medical professionals at fault are held responsible.

Share This Article