Is a Misdiagnosis Considered Malpractice?
In the commonwealth of Virginia, medical malpractice refers to a negligent act—or action not taken—by a medical professional, in the context of services rendered, that leads to losses.
Misdiagnosis is just one example of medical malpractice.
Although suffering losses from a misdiagnosis could be the basis for a medical malpractice complaint in Virginia, it’s impossible to say this with any certainty unless your case is examined by both an attorney and the relevant medical experts. Read on to learn more about when a misdiagnosis is considered malpractice.
Investigating and Reviewing Your Misdiagnosis Claim for Malpractice
Medical malpractice claims arise in situations with a patient-medical relationship and can include doctors, nurses, or any other healthcare professional. But when do we know that someone’s mistake rises to the level of negligence or could be considered malpractice?
In all medical malpractice cases—misdiagnosis cases included—the process will usually involve the following steps:
- Lawyers Review Your Medical Records – If you’re considering filing a medical malpractice complaint, the first step is allowing a trusted attorney to review your medical records. These records will be used to establish the facts in your case and corroborate your misdiagnosis claims.
- Medical Expert Reviews Your Case – An expert will review and examine the records to establish that the defendant acted negligently. A second expert may be needed to connect your losses to the negligence. These licensed physicians are credentialed by the state to give expert opinions in medical malpractice cases. If the expert or experts conclude that malpractice has occurred, they will certify their opinion in writing.
- Filing Your Suit – If the previous two stages allow, your medical malpractice lawyer will file a lawsuit against the defendant in the local jurisdiction where the action took place. The defendant will have up to a month to respond.
Even after you file a formal lawsuit, it’s possible that your case is never heard in front of a jury. Some cases may end in arbitration, whereas the parties in other cases may strike a settlement agreement out of court.
The base requirement for proving medical malpractice is showing that the defendant failed to provide reasonable care, and that this negligence caused your injuries. But just because an expert finds these two things to be true, doesn’t mean a jury will agree with their findings—which is why it’s impossible to say if a misdiagnosis is malpractice without looking at the specifics of your case.
Medical malpractice is one of the most complex forms of litigation out there, which is why reaching out to a medical malpractice lawyer as soon as you are aware of your losses is so crucial.
Contact a Medical Malpractice Lawyer
When you’ve suffered damages due to a medical professional’s negligence, you need an experienced attorney who can connect you to qualified medical malpractice experts for your case. Halperin Law Center will fight for justice in your name by pursuing a maximum settlement based on the facts of your case.
Call 804-527-0100 or fill out the form below to get started today.