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What are the legal remedies for misdiagnosis?

Medical misdiagnosis is serious and when victims and families have suffered medical malpractice, it is important to understand the legal resources and remedies available to help. Victims of medical malpractice and misdiagnosis may feel particularly vulnerable and that the trust placed in medical professionals has been violated. Medical malpractice can occur in a variety of different situations.

Medical malpractice occurs, among other circumstances, when a medical condition is misdiagnosed or erroneously treated. A failure to treat because of a misdiagnosis or erroneous treatment may lead to significant harm including a worsened condition. A condition that goes untreated or is improperly treated may result in additional harm to the victim. A doctor or other medical professional may be liable for medical malpractice if the care they provided fell below the standard of care.

The standard of care refers to what a reasonably prudent doctor, in similar circumstances, would have done. Medical negligence is a serious concern that can result in physical, financial and emotional damages for victims and for family members of victims in certain circumstances. As a result, a medical malpractice claim may help victims recover compensation for the damages they have suffered. Compensation for damages depends on the circumstances but victims may be able to receive help for medical expenses, lost wages and pain and suffering damages, among other types of damages.

Medical malpractice claims, such as for a failure to diagnose, can be technical and complex but that should not deter victims from seeking the remedies available to them through the legal process. With the proper knowledge and understanding, victims and their families may be able to receive compensation from the party responsible for the harm they have suffered.

Source: Injury.findlaw.com, "Failed/Erroneous Diagnosis and Treatment," Accessed Sept. 14, 2016

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