Are you the victim of medical malpractice in the form of a misdiagnosis? If a doctor dismissed your symptoms, diagnosed you with an inaccurate condition, or delayed treatment that you needed sooner, don’t hesitate to call a Montgomery medical malpractice lawyer ASAP.
Home to attorneys with over 50 years of combined experience, Wettermark Keith has helped more than 100,000 people recover over $1.5 billion in compensation. As your misdiagnosis lawyer in Montgomery, we will fight for the financial recovery you deserve.
The Process of Proving a Misdiagnosis Claim in Alabama
Medical malpractice cases involving misdiagnosis are complicated personal injury claims. Simply showing that a diagnosis was incorrect is usually not enough.
Instead, your Montgomery personal injury lawyers must prove four important legal elements in order to proceed.
The Provider Owed a Duty of Care
The healthcare provider must have been responsible for treating the patient. This is usually established through the doctor-patient relationship.
The Standard of Care Was Violated
The patient must demonstrate that the provider failed to act as a reasonably competent medical professional would have under similar circumstances. Examples might include:
- Ignoring obvious symptoms
- Failing to order appropriate diagnostic tests
- Misreading laboratory results
- Overlooking imaging studies
- Failing to refer the patient to an appropriate specialist
Medical professionals are often necessary to explain how the provider departed from accepted medical practices.
The Misdiagnosis Caused Harm
It must also be shown that the incorrect diagnosis directly caused additional injury. For example, if earlier treatment would likely have prevented the patient’s worsening condition, that connection may establish legal causation.
The Patient Suffered Damages
Finally, the patient must demonstrate measurable losses, such as:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Physical pain
- Emotional suffering
- Permanent disability
- Future medical treatment
An experienced attorney works with medical workers, financial professionals, and investigators to build evidence supporting each element of the claim.
What’s Considered Medical Misdiagnosis?
When filing medical misdiagnosis complaints, it’s important to understand that not every incorrect diagnosis automatically amounts to medical malpractice. Medicine is nuanced, and doctors aren’t expected to be perfect. However, healthcare providers are held to a standard of providing treatment that meets the accepted standard of care.
More specifically, a misdiagnosis claim can arise when a reasonably competent healthcare provider would have reached the correct diagnosis under similar circumstances. With this in mind, a medical misdiagnosis falls into one of three categories:
- A completely incorrect diagnosis
- A delayed diagnosis
- A failure to diagnose a condition altogether
These situations can have disastrous and life-altering consequences. For instance, patients might receive unnecessary treatments, miss out on early intervention, or experience preventable complications. A misdiagnosis attorney in Montgomery can evaluate whether the healthcare provider’s actions may have fallen below Alabama’s legal standard of care.
For a free legal consultation with a misdiagnosis lawyer serving Montgomery,
call (833) 588-9009 today
Conditions That Are Often Misdiagnosed
Some illnesses are especially prone to diagnostic mistakes because the symptoms associated with them overlap with other conditions. Let’s take a look at examples of conditions that are often misdiagnosed:
- Heart attacks mistaken for indigestion or anxiety
- Stroke symptoms attributed to migraines or vertigo
- Cancer diagnosed only after major delays
- Sepsis mistaken for viral illnesses
- Meningitis treated as the flu
- Pulmonary embolisms diagnosed as muscle strain or pneumonia
- Appendicitis confused with stomach viruses
- Internal bleeding overlooked after traumatic injuries
The longer these conditions go untreated, the more serious the outcome usually is. In many situations, getting tested promptly or receiving a referral to another professional could have prevented you from sustaining major injuries or saved another patient’s life.
Alabama Medical Malpractice Laws That Can Affect Your Case
Medical malpractice claims in Alabama are governed by laws that differ from ordinary personal injury lawsuits. These cases involve the following factors:
- Unique procedural requirements
- Strict deadlines
- Evidentiary rules
Altogether, these details can affect whether compensation is available in your case. As a result of these matters, many injured patients in your position can seriously benefit from speaking with a medical misdiagnosis lawyer in Montgomery.
It’s even better if you call Montgomery misdiagnosis lawyers before communicating with insurance representatives or healthcare providers, especially regarding legal responsibility. Let your attorney advise you on how Alabama law applies to your specific set of circumstances.
Montgomery Misdiagnosis Lawyer Near Me
(833) 588-9009
For Legal Advice From Misdiagnosis Attorneys in Montgomery, Call Wettermark Keith Today
If a medical provider’s mistake has caused you to wonder if your injuries could have been prevented, a Montgomery misdiagnosis law firm can look into the circumstances surrounding your concerns. At Wettermark Keith, It’s More To Us. It’s Personal.
As your Montgomery misdiagnosis attorneys, we can investigate what happened, work with qualified medical professionals, collect the evidence needed to support your claim, and handle negotiations or litigation on your behalf.
We’ve earned the trust of clients across Alabama, and we have built a reputation for legal representation centered around Character, Lunch Pail Mentality, Innovation, and Compassion. If you believe a medical misdiagnosis caused unnecessary harm, contact us ASAP.
Call or text (833) 588-9009 or fill out our Free Case Evaluation Form to get started
