A medical misdiagnosis is, to put it simply, an erroneous or wrong diagnosis. You were probably misdiagnosed if you acquire a diagnosis from a doctor and your symptoms don’t go away after starting the recommended treatment. Diagnostic mistakes are more frequent than you would realize; estimates place the annual number of diagnostic errors in Australia at 140,000. 21,000 of these incidents result in significant injury, and another 2,000 to 4,000 result in fatalities as a result of medical error. A number of things can lead to a medical misdiagnosis.
The most frequent causes of medical misdiagnosis are lack of experience on the part of the treatment provider, insufficient time to fully understand your history and current symptoms, lack of access to data, poor communication between various medical providers involved in your treatment, or dismissal of a condition because your presentation is unusual for that condition.
I really believe my diagnosis was incorrect. So what comes next?
Contrary to popular belief, misdiagnosis or delayed diagnosis situations involving medical negligence are more frequent. The only one who understands how you feel is you. Believe your instincts if you’re not getting better and anything seems off. You may either get a second opinion from a different doctor or go back to the first doctor and describe the new problems or symptoms. The statute of limitations, or the period of time you have to make a claim, is typically two to six years for medical malpractice lawsuits. Nevertheless, it differs according to your location.
I want to bring legal action against my doctor. How Should I Start the Process?
The first thing you should do is get in touch with a medical malpractice lawyer to consult to see if you have a case and whether the window of opportunity has passed. Look for a reputed legal office that has a medical malpractice lawyer. Please provide your name, phone number, and a brief description of your situation. They should get in touch with you and give you legal counsel over whether or not to file the case.
What occurs once a false diagnosis is made?
The mistake can occasionally have catastrophic repercussions, despite the fact that it can typically be remedied, especially if discovered in time. It’s likely that you’ll have to wait longer to receive the necessary therapy if you’ve received a wrong diagnosis. This delay might have a long-term effect on your condition in rare circumstances, such as misdiagnosis of bone fractures or spinal cord injuries that cause paraesthesia. In extreme situations, such as cancer or stroke patients receiving the incorrect diagnosis, might cause death.
What should you do if you believe your diagnosis was incorrect?
No one understands your body better than you do, so trust your gut. Make a follow-up appointment to address your worries if you feel your doctor hasn’t taken your symptoms into sufficient consideration or the recommended therapy isn’t working; or
Seek out an alternative viewpoint.
Never accept a negative response. Your doctor could believe that they have already suggested a suitable expert and be insulted if their judgment is questioned. It is up to you to stand out for yourself if you have health concerns.
If it’s too late to get a second opinion and your illness is incurable, you have a number of legal alternatives at your disposal:
- You can submit a complaint with the Australian Health Practitioner Regulation Agency or your state’s health ombudsman, or you can make a complaint with one of these organizations.
- You can discuss your alternatives with an experienced lawyer. While receiving compensation won’t be able to improve your health, it will be able to provide you with the services and money you need to live a higher quality of life with the greatest amount of freedom.
- You might be eligible to submit a claim in lieu of the beneficiaries who were left behind if a loved one passed away as a result of a misdiagnosis.