Important aspects of the misdiagnosis claim process

People look to their physicians to aid them in their time of need. Unfortunately, sometimes physicians make mistakes that have lasting negative effects.

In certain instances, parties may pursue medical malpractice suits to aid in dealing with the aftermath. There are a few important aspects to know about this process, particularly in the case of a misdiagnosis.

Common misdiagnosis

A misdiagnosis can occur with a variety of conditions. A few of the most common misdiagnosed conditions include:

  • Asthma
  • Heart attack
  • Stroke
  • Cancer
  • Staph infection
  • Lymph node inflammation 

In some cases, a physician may discover the misdiagnosis down the line, and sometimes it may be the same physician. However, if a patient suffers damage due to the initial misdiagnosis, a claim may still be relevant.

Responsible party

In most cases, the treating physician is the only party responsible for the misdiagnosis. Considering that most physicians in health facilities are contractors, the facility is not held liable. However, if another medical professional contributed to the misdiagnosis, such as a lab technician or specialist who did not catch the mistake, it may be possible to pursue action against those parties as well.

Proving process

Considering that medical malpractice falls within the relm of personal injury, the case depends heavily upon the claimant's ability to show negligence on the part of the physician. In fact, Missouri law requires claimants to present an affidavit to the court stating that they have the written statement of a medical professional attesting to the fact that the physician in question did not provide the level of care that a prudent medical professional would provide in the same situation, and that the lack of proper care resulted in injury to the patient.

Proving a misdiagnosis claim is not easy; however, it is possible. Proper evidence and a strong strategy can be especially helpful in the process.

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