Medical malpractice can cause significant harm to victims and their families. As a result, legal protections are available for victims of medical malpractice. Victims of medical malpractice, such as a failure to diagnose, erroneous diagnosis or treatment or delayed diagnosis, may be able to recover compensation for damages, including physical, financial and emotional damages. Damages can include medical expenses, lost earnings and pain and suffering damages.
In addition, wrongful death damages may also be available in circumstances in which the medical malpractice has resulted in the death of the victim. Surviving family members may be able to recover wrongful death damages in those circumstances. In circumstances in which a failure to diagnose has resulted in a worsened condition beyond the normal disease progression that would have been expected had the medical condition been timely diagnosed, legal resources may be available to help victims.
Victims of a failure to diagnose or erroneous diagnosis may not receive needed treatment or, alternatively, may receive treatment they do not need. The medical care provider’s actions will be judged against the standard of care and it is important for them to consider the symptoms, the patient’s medical history and different possible diagnoses in addition to ordering the proper tests.
If the medical care provider was negligent in their misdiagnosis or failure to diagnose, they may be liable to compensate the victim for their damages. When a patient’s trust has been violated, it is important for victims of medical malpractice to be familiar with their legal options and rights.