Los Angeles Wrong Diagnosis Lawyer

Types of Wrong Diagnosis

The first type of wrong diagnosis is a misdiagnosis. This occurs when a doctor or medical professional identifies a condition as something it isn’t. For instance, you might be told that you have asthma when you actually have heart disease. This error can cause you to receive the wrong treatment, delaying care for the actual illness and possibly making it worse.

Another type of wrong diagnosis is a missed diagnosis. In this situation, a doctor fails to recognize any condition at all, leaving you without necessary treatment. For example, if a doctor fails to identify cancer early on, the disease can progress unchecked, leading to severe health consequences.

A delayed diagnosis is another form of wrong diagnosis. In this case, the doctor identifies the correct condition but only after a significant amount of time has passed. This delay can result in a worsening of the condition that could have been prevented with timely care.

There is also a diagnostic error where the doctor acknowledges a health issue but categorizes it incorrectly. For example, your doctor might diagnose a less serious condition when the real problem is far more critical.

Finally, a partial diagnosis is where some aspects of your illness are identified, but the full extent of the problem is missed. This can lead to incomplete treatment and ongoing health problems.

Most Common Conditions Wrongfully Diagnosed

Certain conditions are more prone to being misdiagnosed than others. These conditions often have symptoms that overlap with other diseases, making it easier for healthcare providers to make a mistake.

• One of the most commonly misdiagnosed conditions is heart attack. Its symptoms, such as chest pain and shortness of breath, are often mistaken for less serious issues like indigestion or anxiety, particularly in women, leading to delayed or improper treatment.
• Another frequently misdiagnosed condition is stroke. Symptoms like dizziness, numbness, or confusion are sometimes attributed to migraines, vertigo, or intoxication, especially in younger patients. A stroke requires immediate attention, and any delay in diagnosis can have serious consequences.
• Cancer, especially breast cancer and lung cancer, is often misdiagnosed. For breast cancer, a lump may be mistaken for a benign cyst or dismissed as a less serious issue. Lung cancer symptoms like chronic cough or shortness of breath are often attributed to smoking or respiratory infections, delaying life-saving treatments.
• Infections such as sepsis or meningitis are commonly misdiagnosed as less severe illnesses like the flu. When these serious infections are not diagnosed and treated quickly, the consequences can be fatal.
• Diabetes is another condition that can be wrongly diagnosed. Type 1 diabetes, especially in adults, can be mistaken for Type 2 diabetes, leading to incorrect treatments that don’t manage the condition properly.
• Lastly, autoimmune diseases like lupus and multiple sclerosis are frequently misdiagnosed because their symptoms can mimic other illnesses such as fibromyalgia or chronic fatigue syndrome. A delayed or incorrect diagnosis can leave patients suffering without proper treatment for years.

Physicians More Likely to Give an Incorrect Diagnosis

• Primary care physicians are your first point of contact for any health concerns, and while they handle a wide range of conditions, they may miss or misdiagnose more complex issues that require specialist input.
• Emergency room doctors are also prone to wrongful diagnoses. The fast-paced, high-pressure environment of the ER often requires doctors to make rapid decisions without full patient history or detailed testing. This can result in misdiagnosis, especially for heart attacks, strokes, and other life-threatening conditions.
• Radiologists and pathologists, who interpret test results and imaging, are another group at risk of providing a wrongful diagnosis. A misreading of an X-ray, MRI, or biopsy can lead to incorrect treatment or a delayed diagnosis, particularly in cancer cases.
• Neurologists, who deal with complex conditions like strokes, epilepsy, and multiple sclerosis, may also give wrongful diagnoses. Neurological diseases can be tricky to pinpoint because their symptoms overlap with many other illnesses, increasing the risk of error.
• Finally, oncologists, who specialize in treating cancer, can sometimes misdiagnose the type or stage of cancer. A mistake in understanding the progression or nature of a patient’s cancer can result in improper or delayed treatment, with devastating consequences.

Filing a Wrong Diagnosis Case

In California, several parties could be held liable for a wrong diagnosis. A doctor or other medical professional may be liable if their negligence in diagnosing your condition caused you harm. Under California law, doctors are required to provide a certain standard of care, and if they fail to meet this standard and it leads to injury, they can be sued for medical malpractice.

Additionally, hospitals and other medical facilities could be liable if the wrong diagnosis was caused by systemic issues, such as inadequate staffing, lack of communication between departments, or failure to maintain proper medical records.

Filing a Wrong Diagnosis Case

In California, several parties could be held liable for a wrong diagnosis. A doctor or other medical professional may be liable if their negligence in diagnosing your condition caused you harm. Under California law, doctors are required to provide a certain standard of care, and if they fail to meet this standard and it leads to injury, they can be sued for medical malpractice.

Additionally, hospitals and other medical facilities could be liable if the wrong diagnosis was caused by systemic issues, such as inadequate staffing, lack of communication between departments, or failure to maintain proper medical records.

If you’ve experienced a wrong diagnosis, you have the option to file an insurance claim or a lawsuit. California law requires that you file a medical malpractice lawsuit within one year from when you discovered the injury, or within three years from the date the injury occurred, whichever comes first. There are certain notice and mediation requirements you’ll need to comply with before fully initiating a lawsuit.

Types of Damages for Medical Malpractice

A wrong diagnosis can have a profound impact on your life. You may suffer from worsening health conditions due to delayed treatment, and you might face emotional distress from the uncertainty surrounding your health. Additionally, you could experience financial hardship if the wrong diagnosis leads to more expensive treatments or the inability to work.

When you pursue legal action after a wrong diagnosis, you can recover economic damages, such as medical bills, lost wages, and other financial costs directly related to your injury. Non-economic damages, which cover pain and suffering, are also available, although they are capped under California’s MICRA law at $350,000.

If the wrong diagnosis leads to the death of a loved one, you may be able to pursue a wrongful death lawsuit. In California, damages can include funeral expenses, loss of companionship, and financial support that the deceased would have provided. Non-economic damages in wrongful death cases are capped at $500,000.

Next Steps

If you believe you have been wrongfully diagnosed, the first step is to seek a second opinion from another healthcare provider. Getting an accurate diagnosis is critical to ensure that you receive the proper treatment and prevent further harm.

Next, you should gather all medical records related to your diagnosis. This includes test results, doctor’s notes, and any communication you had with your healthcare providers. These records will be essential if you decide to pursue legal action.

You should also document any changes in your health since the wrong diagnosis. Keep track of your symptoms, treatments, and any additional healthcare costs that arise due to the initial misdiagnosis. This documentation can be important evidence if you file a lawsuit.

A wrong diagnosis lawyer will help you understand your rights and whether you have a strong case for medical malpractice. They will also help you gather evidence to prove that the medical professional’s negligence led to your injury. This includes obtaining expert testimony from other doctors who can confirm that your healthcare provider failed to meet the standard of care.

Moreover, a lawyer will handle all communications with insurance companies, negotiate on your behalf, and fight hard to get you fairly compensated. Having a wrong diagnosis lawyer can relieve some of the burden during this difficult time, allowing you to focus on your health.

Contact The Los Angeles Wrong Diagnosis Attorney Samer Habbas

If you’ve suffered due to an improper diagnosis, it’s crucial to know your rights and take action to secure the justice you deserve. At Law Offices of Samer Habbas & Associates, PC, our attorneys are committed to holding negligent healthcare providers accountable for the harm their misdiagnoses have caused. You shouldn’t have to endure the consequences of someone else’s mistake. Contact Law Offices of Samer Habbas & Associates, PC today at 949-727-9300 or reach out online for a free consultation with an experienced medical malpractice attorney. We’ll help you understand your options and fight to secure the compensation you’re entitled to.