Sometimes the first diagnosis turns out to be wrong only after your symptoms get worse or another doctor takes a second look. A misdiagnosis lawyer in Nashville can review what your providers knew at the time and whether the delay caused additional harm.
Wettermark Keith has served more than 100,000 clients. A Nashville medical malpractice lawyer from our team can bring that experience to your situation. We will investigate the medical record, timeline of care, and harm caused by the missed diagnosis.
If you believe a diagnosis came too late or was wrong, call us for a free consultation. We can start with what happened and what changed afterward.
When Does a Wrong Diagnosis Become Medical Malpractice?
Doctors can get a diagnosis wrong without violating the standard of care. The question is whether the symptoms, test results, and medical history should have led to more testing, a referral, or a different diagnosis at that point.
A Nashville personal injury lawyer can review what symptoms you reported, which tests the provider ordered, and what the results showed. We also look at whether the provider followed up when your symptoms continued or whether new information became available.
We also look at what would have happened with timely care. If an earlier diagnosis would have changed the treatment or prevented additional injury, that can support the claim. If it would not have changed the outcome, the case becomes much harder to prove.
What Tennessee Law Requires in a Misdiagnosis Case
A misdiagnosis claim in Tennessee has to do more than show that the first diagnosis was wrong. Under Tenn. Code Ann. § 29-26-115, the claim must show the applicable standard of care, a breach of that standard, and harm caused by that breach.
That is why a bad medical result by itself does not establish negligence. The question depends on what a reasonably careful provider in the same profession or specialty should have done in that community or a similar one at the time.
A Nashville misdiagnosis attorney can use the medical record and qualified medical testimony to show where the care fell short and what changed because of the delay. That proof can connect the provider’s decisions to the additional harm you experienced.
For a free legal consultation with a misdiagnosis lawyer serving Nashville,
call (615) 444-3333 today
When Can a Misdiagnosis Happen in Nashville?
A missed diagnosis can happen at several points in your care. The problem could begin during an office visit, in an emergency department, after a lab result, or when one provider fails to send you to the right specialist.
Examples can include the following:
- A doctor dismisses symptoms without ordering appropriate tests
- A provider misreads or fails to act on imaging or lab results
- An emergency department sends a patient home despite signs of a serious condition
- A referral to a specialist comes too late
- Test results reach the chart but no one follows up
- A provider diagnoses one condition while missing another that needs treatment
We look at where something went wrong in the diagnostic process and who had responsibility at that point. One case can involve one physician, while another can raise questions about a hospital, radiology group, laboratory, or another health care provider.
What Medical Records Can Tell Us About a Missed Diagnosis
The medical chart can show what happened from the first visit through the final diagnosis. It can show what you reported, what the provider wrote down, which tests were ordered, which tests were skipped, and when abnormal results entered the record.
Useful records can include the following:
- Office and hospital notes
- Laboratory results
- Radiology reports and images
- Referral records
- Medication records
- Emergency department records
- Patient portal messages
- Records from the provider who eventually made the diagnosis
A Nashville medical misdiagnosis lawyer can compare the earlier records with what doctors found later. Dates become especially important because they can show when symptoms appeared, when test results became available, and how much time passed before someone recognized the condition.
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How Can a Delayed Diagnosis Harm a Patient?
A delayed diagnosis can change the medical options available to you. A condition that could have responded to earlier treatment can become harder to treat, require a larger procedure, or cause complications that would not have developed with timely care.
Cancer cases provide an easy example, but they are not the only ones. Delays involving infections, strokes, heart conditions, fractures, blood clots, or other illnesses can also lead to additional treatment, longer recovery, or permanent injury.
The claim has to connect that delay to a measurable injury. We look at what treatment you would likely have received with a timely diagnosis and compare it with what happened after the condition was finally identified.
What Can You Recover in a Tennessee Misdiagnosis Claim?
A medical mistake can create expenses that would not have existed with proper care. You could need additional surgery, longer hospitalization, rehabilitation, medication, or time away from work because the condition progressed before anyone identified it.
Depending on the harm caused, a claim can include:
- Additional medical treatment and future care.
- Lost wages and reduced earning ability.
- Physical pain.
- Emotional distress.
- Loss of enjoyment of life.
- Permanent impairment or disability.
The medical error has to connect to a real change in your health or recovery. We look at what happened after the delay and what doctors believe likely would have happened if the condition had been found sooner.
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Tennessee Deadlines for Misdiagnosis Lawsuits
The deadline can be harder to figure out when the diagnosis came late. Under Tenn. Code Ann. § 29-26-116, Tennessee generally uses a one-year limitations period, but when you discovered or reasonably should have discovered the injury can affect when that period starts. A three-year statute of repose generally also applies.
Tennessee also requires written pre-suit notice to each health care provider you plan to name as a defendant at least 60 days before filing a health care liability complaint. Tenn. Code Ann. § 29-26-121 sets out that notice process and provides a 120-day extension in qualifying cases.
The timeline can look very different in a misdiagnosis case than in another injury claim. We look at when the condition should have been found, when it actually was found, and when you first learned that the delay may have caused additional harm.
Talk With Us About What Happened to Your Care
You do not need to know which medical rule a provider violated before you call. Start with what you experienced, what doctors told you, and when another provider finally gave you a different diagnosis.
Wettermark Keith has recovered more than $1.5 billion for clients. We can review the medical timeline, identify the records that need attention, and determine whether the facts support a health care liability claim under Tennessee law.
If you need a misdiagnosis lawyer in Nashville, call us for a free consultation. We can listen to what happened, explain what the law requires, and tell you what we would need to evaluate the claim further.
Call or text (615) 444-3333 or fill out our Free Case Evaluation Form to get started