When we get sick or are injured, we trust doctors to provide us with the proper diagnosis so that we can get the treatment we need. In fact, under the standard of acceptable care, doctors and other health care providers are responsible for accurately diagnosing injuries and illnesses in a timely manner—within reason. While cases involving misdiagnosis (and delayed diagnosis) are some of the most common of all medical malpractice claims, they are also some of the toughest to prove.
We encourage you to reach out to our Waterloo misdiagnosis lawyers if you believe you may be the victim of medical negligence or malpractice. At Ball, Kirk & Holm, P.C., we have decades of legal experience and a proven record of success in helping injured individuals and their families hold negligent medical providers accountable. Our team understands how to properly investigate these claims and build strong, effective cases aimed at securing maximum compensation for our clients.
Contact us online or call (319) 220-0416 today to learn more during a free and confidential case evaluation. We have offices in both Waterloo and Iowa City.
When Is Misdiagnosis Considered Medical Malpractice?
As previously mentioned, medical malpractice claims involving misdiagnosis and other diagnostic errors are some of the most complex and difficult to prove. This is because it is not enough to simply show that a doctor or medical provider diagnosed you with the wrong condition or failed to diagnose your condition right away. Instead, you must prove that they were negligent in their efforts to diagnose your condition. In other words, you have to show that, had you seen another competent medical provider, you would have received the right diagnosis in a timely manner based on your symptoms, proper diagnostic testing, lab result analysis, and other relevant factors.
Misdiagnosis (and other diagnostic errors) could be considered medical malpractice when the treating physician/medical provider:
- Ignored or dismissed your self-reported symptoms
- Negligently misinterpreted symptoms
- Failed to take into account your medical history or genetic background
- Failed to properly evaluate your symptoms
- Did not order any diagnostic testing, despite the presence of symptoms
- Misread or failed to properly analyze test/lab results
- Delayed diagnostic testing or lab analysis unnecessarily
- Fails to refer you to a specialist
If a medical professional does everything in his or her power to diagnose unusual symptoms but is unable to do so, leading him or her to refer you to a specialist, this is not medical malpractice. However, if a doctor dismisses a patient who is exhibiting signs of a heart attack as experiencing anxiety, sending the patient home, this could be grounds for a misdiagnosis claim.
Damages in Misdiagnosis Claims
In order to successfully bring a medical malpractice claim involving misdiagnosis, you will not only need to show that you did not receive the proper standard of care, but you will also need to demonstrate that you were injured or otherwise harmed and, as a result, you sustained measurable damages. If you did not suffer any damages even when a doctor clearly failed to diagnose your condition properly, you do not have grounds for a claim.
If you did suffer damages, however, you are entitled to file a claim against the liable person/party and seek compensation. Depending on the specifics of your case, this compensation could be used for:
- Medical bills for additional treatment
- Lost income/wages
- Future medical expenses
- Medical devices/equipment
- Future lost earnings (disability)
- Pain and suffering
- Wrongful death damages
Our Waterloo misdiagnosis lawyers can sit down with you to discuss the details of your situation. From there, we can conduct an investigation and build a case with the goal of maximizing your recovery.
Real Clients, Real Stories
"My experience with Ball,Kirk & Holm was awesome."Terry D.
"Eashaan is a fighter! This law firm won’t disappoint!"Shea R.
The teamwork at Ball, Kirk & Holm were very informative & in constant contact.Russ, Personal Injury Client
Realizing that a trusted medical provider failed to properly diagnose you can be an extremely upsetting experience, particularly when misdiagnosis or delayed diagnosis leads to improper or delayed treatment. Knowing that you could have and should have received proper care earlier than you did can complicate the recovery process.
Whether your doctor failed to diagnose cancer or misdiagnosed you with a condition you do not have, you deserve justice. Ball, Kirk & Holm, P.C. can help. We offer free initial consultations to all potential clients and are able to travel throughout the state of Iowa to meet with you at the hospital or in your home if necessary. Reach out to our misdiagnosis lawyers in Waterloo today to learn more.