When you place your health and well-being in the hands of a doctor, you expect that professional to treat you with the appropriate care and skill. Even if you go over every aspect of a course of medical treatment and do your best to communicate with your health care providers, sometimes a treating physician can misdiagnose a patient, leading to painful, complicated, and sometimes permanent injuries. At the Knie & Shealy Law Offices, our experienced team of medical malpractice lawyers can advise victims of misdiagnoses in Spartanburg as well as Greenville and other South Carolina communities.Holding a Health Care Provider Accountable for a Misdiagnosis
A lawsuit involving a doctor’s misdiagnosis is a type of medical malpractice case. In general, the applicable law in South Carolina requires a plaintiff to show that the defendant failed to act in the same way that a doctor or health care provider in the same specialty and in good professional standing would have acted in a similar situation. This specific standard of care often takes into account the defendant’s training and experience, while also accounting for the plaintiff’s age, gender, conditions, and overall health. All of these factors are things that would inform a doctor, particularly when he or she is developing a diagnosis. For example, if a plaintiff’s conditions present a number of symptoms that could support multiple diagnoses, the defendant’s failure to investigate further to rule out some of them could result in a misdiagnosis.
After the plaintiff establishes that the physician or other medical professional who misdiagnosed him or her breached the professional standard of care, the next step consists of proving that he or she would not have been harmed but for the defendant’s negligence. This can be complicated in a misdiagnosis case because the plaintiff is most likely already suffering from some sort of ailment or condition. To show causation, it is important to consult an expert witness who can testify regarding how the defendant’s inability to appropriately diagnose the patient caused additional harm to that individual. In many misdiagnosis cases, the victim’s injuries will constitute a worsening or exacerbation of existing conditions.
Finally, a misdiagnosed individual must provide documentary evidence of the costs and losses that he or she incurred as a result of the defendant’s negligence. Damages often take the form of medical bills, the costs of future treatment or rehabilitative therapy, and any income that was lost as a result of missed time at work. Non-economic damages that account for the victim’s pain and suffering also may be available.Discuss Your Negligence Claim With a Lawyer in Spartanburg or Greenville
If you or someone you love has suffered harm as the result of a doctor’s misdiagnosis, you may be entitled to compensation. The experienced injury attorneys at the Knie & Shealy Law Offices have helped people from Spartanburg to Greenville assert their right to compensation after receiving negligent medical care. We proudly serve individuals throughout Greenville, Union, Cherokee, and Laurens Counties, and we can provide you with the compassionate attention that you and your family deserve. Call us at (864) 582-5118 or contact us online to set up a free consultation.