A medical misdiagnosis can have serious repercussions. In addition to delaying much-needed treatment, a misdiagnosis might subject the patient to invasive—and potentially risky—procedures for a condition that they don't have. As malpractice attorneys often advise victims, though, not all misdiagnoses warrant legal action. Whether you have grounds for a claim will depend on the circumstances. Before you begin a lawsuit, here's what you should know. 

Understanding the Standard of Care 

Because medicine isn’t an exact science, healthcare providers aren't always expected to diagnose every patient correctly the first time. They are, however, expected to follow the most widely accepted standard of care given the circumstances. This includes following up with their patients to confirm that the prescribed treatment is working. 

Generally speaking, you will only have grounds for a malpractice claim following a misdiagnosis if your provider deviated from the standard of care while treating you. An example would be failing to order the appropriate screenings or tests for your symptoms. Other common causes of misdiagnoses include misinterpreting lab results, ignoring obvious signs of illness, and failing to refer the patient to a specialist who is better equipped to treat the issue. 

Building a Strong Malpractice Claim 

In order to build a winning claim following a misdiagnosis, you’ll have to prove several elements. First, you’ll have to demonstrate how the defendant owed you a duty of care. As long as you visited the provider in a clinical setting, you established a formal doctor-patient relationship, which carries this duty of care. 

Second, you’ll have to prove how the physician breached the duty of care by deviating from the standard diagnostic process. A malpractice attorney can help you gather sufficient evidence of the breach by conducting a thorough investigation. 

Third, you must demonstrate how the misdiagnosis caused complications that wouldn't have occurred had you been diagnosed correctly. Finally, you’ll have to prove you incurred damages as a direct result of the doctor’s error. 

If you have a medical condition that was originally misdiagnosed, the malpractice attorneys at The Finkelstein Law Firm in Goshen, NY, will help you determine how to proceed. This personal injury practice has been representing accident victims throughout the Hudson Valley for the past two decades. Backed by more than 45 years of experience in the legal field, their team isn't afraid to take on the largest healthcare institutions. To request a consultation with a compassionate malpractice attorney, reach out online or call (845) 294-9003.