Knoxville Misdiagnosis Error Attorney
When you are sick or in an accident, you seek medical treatment so you can heal and get better. You entrust your care to a medical professional who has the answers and knows how to treat whatever ails you. Depending on the situation, you may be meeting with a physician, nurse practitioner, physician’s assistant, or different healthcare professional.
No matter who you meet with, you expect that they know what they are doing and will provide care to you to the best of their skills and ability. Sometimes, medical providers don’t correctly diagnose you, which could lead to severe complications. In some instances, you may have a claim for damages. To find out more, speak with an Knoxville misdiagnosis error attorney at Atkins Brezina, PLLC today.
Diseases and Other Health Conditions Commonly Misdiagnosed
Some medical conditions are more commonly misdiagnosed than others. These include:
- Irritable Bowel Syndrome (IBS): IBS is diagnosed by eliminating other possible ailments since no definitive diagnostic test will tell a doctor that yes, you have IBS.
- Lupus: Lupus is often mistaken for fibromyalgia, chronic fatigue syndrome, or even rheumatoid arthritis.
- Multiple Sclerosis (MS): MS is often confused with various other disorders, including lupus, bipolar disorder, or a viral infection.
- Fibromyalgia: Often mistaken for chronic fatigue syndrome or rheumatoid arthritis.
- Chronic Fatigue Syndrome (CFS): CFS can be confused with fibromyalgia, lupus, or rheumatoid arthritis.
Is a Misdiagnosis Automatically Malpractice?
No, on its own, a misdiagnosis doesn’t automatically qualify as a medical malpractice claim. You will still need to prove other specific elements to bring a successful claim. That is one reason why having an experienced legal advocate on your side is so important. Factors that you need to prove in a medical malpractice claim include:
- You had a healthcare provider-patient relationship with the defendant
- The recognized standard of acceptable professional practice applicable to the defendant (i.e., the “Standard of Care”)
- That the defendant acted with less than ordinary and reasonable care or failed to act with ordinary and reasonable care (i.e., they “deviated” from the Standard of Care)
- That as a proximate result of the defendant’s negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred.
Before you can collect damages for your injuries, you must prove negligence and then the evidence of the injuries you suffered.
Contact an Experienced East Tennessee Misdiagnosis Lawyer
There are numerous ways a medical professional can misdiagnose or fail to diagnose your condition. Examples include delaying treatment, avoiding performing basic diagnostic tests or performing wrong ones, refusing to refer you to a specialist when necessary, or interpreting the tests incorrectly. Proving malpractice can be complicated, which is why you need an experienced East Tennessee misdiagnosis lawyer on your side. To learn more about how we can help, contact Atkins Brezina, PLLC, today to schedule an initial consultation.