Medical misdiagnosis is a type of medical malpractice. Medical malpractice occurs when a healthcare professional acts negligently. Medical misdiagnosis occurs when a healthcare professional negligently fails to diagnose an illness, or diagnoses an illness incorrectly. Every patient has a common expectation that their healthcare professional will accurately diagnose their illness, and then make the required suggestions for treatment. When diagnosing a patient, the healthcare professional should take necessary steps with testing and imaging done. Improper diagnosis may lead to severe injuries, sometimes even death.
Las Vegas is home to several different types of hospitals. But, with the recent COVID-19 surge, many hospitals are understaffed and overcrowded, which may lead to misdiagnosis for several patients. No patient deserves this, but unfortunately, this is a reality for many.
Can you sue for misdiagnosis in Las Vegas?
In Nevada, you have the right to file a lawsuit against a healthcare provider for misdiagnosis if you have suffered harm and / or injuries. You have the right to hold the healthcare provider responsible for everything that you have suffered, which could also include emotional distress.
If you or a loved one have been misdiagnosed by a doctor in Las Vegas, give our attorneys a call today to discuss how you could hold the doctor and / or hospital responsible for the misdiagnosis. A misdiagnosis can result in physical injuries that may require different types of treatment. Not only may you have to deal with a current illness, but you will also have to deal with the injuries that the misdiagnosis may have caused. This could be a very stressful experience, which is why we recommend hiring an experienced Las Vegas medical malpractice attorney to take care of the legal process for you.
Do I need a medical malpractice attorney in Las Vegas?
Las Vegas does not require parties who are filing a lawsuit against another party to be represented by an attorney. This means that you could essentially represent yourself. But, medical malpractice is a very specific type of lawsuit that will require strong evidence in order to have a strong case, and seek compensation. Failing to meet just one expectation could have your entire case thrown out by the Court, and you will not be able to recover anything from the at fault party.
That is why we recommend that you speak to a highly qualified Las Vegas misdiagnosis attorney for more information. The sooner that you speak to our attorneys, the faster you will get the help and treatment that you deserve. Keep in mind that there are time limits when filing a case or lawsuit in Las Vegas.
Why does a misdiagnosis occur?
A misdiagnosis occurs because of several different types of reasons. The most common types include when a doctor:
- Ordered the incorrect testing
- Ordered the incorrect imaging
- Was not experienced enough to recognize the illness
- Interpreted the test results incorrectly
- Failed to note the symptoms that the patient stated they were suffering
- Failed to explore an alternative diagnosis in order to determine the exact illness of the patient
- Was in a rush, and the hospital was understaffed
- Failed to diagnose the illness because the patient failed to pay for it
All of these actions occur because a medical provider failed to act responsibly.
What does a misdiagnosis do?
If you have been misdiagnosed, you could experience:
- Worse conditions than you had previously
- Delay in the treatments that you should have received
- Potential death
- Incorrect surgeries that you may receive
- Unnecessary treatments
- Internal bleeding
What should I prove in a misdiagnosis lawsuit in Las Vegas?
In Las Vegas, a medical professional is held to a high standard of care. When they fail to act within this standard, then they have breached that duty.
When proving a misdiagnosis lawsuit, there are specific elements that you must be able to prove. This is where your experienced attorney will come in. You must show that:
- The doctor and the patient had a professional relationship.
- The doctor failed to take reasonable steps to diagnose the illness.
- Another doctor in a similar health position would have reasonably diagnosed the correct illness.
- Because the doctor failed to diagnose the illness correctly, the patient now suffers injuries.
- The patient now has damages that must be compensated.
What should I do after a misdiagnosis?
If you believe you have been misdiagnosed, and your condition worsened rather than got better, we recommend that you gain additional advice from a third-party healthcare provider. It is always advised to get a second opinion. If you speak to another healthcare provider, and they accurately diagnose your condition, then you have a strong case for misdiagnosis.
If you fail to get a second opinion, it could also be used against you. A plaintiff, which is a party who is filing the lawsuit, has a responsibility of mitigating their damages. This means that they need to seek help immediately after realizing they have been misdiagnosed, and not wait for the condition to get worse. If you allow your condition to get worse knowingly, this will be used against you in court, and you may not be able to recover compensation from the responsible party.
We recommend that you act as soon as possible since a misdiagnosis could result in more health complications. Further, keep in mind that Nevada has a statute of limitations for 2 years. This means that you have 2 years from the date of the injury to file a lawsuit against the healthcare provider.
What are the most common misdiagnoses in Nevada?
- The most common misdiagnosis is cancer. Many healthcare providers may inaccurately take cancer symptoms as an infection or a flu. The most common cancers that are misdiagnosed are breast cancer and cervical cancer. When cancer is not treated properly, it could spread and worsen.
- The second most common misdiagnosis is heart attacks. This occurs when a patient does not usually fit the requirements of having a heart attack. For example, someone who is fit and active and has heart attack symptoms has a likelihood of being misdiagnosed as another illness rather than suffering a heart attack.
Contact our Las Vegas misdiagnosis attorneys today for more information. Our attorneys provide free consultations and case evaluations to review the specific type of misdiagnosis case you may have, and will answer any questions concerning your lawsuit. We will also be able to better determine what type of compensation you deserve, and how much your case is worth. Without having a case evaluation, we will not be able to give you a straightforward answer on the phone. Give us a call today to book your case evaluation.
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