How To Seek Compensation From A Hospital For A Misdiagnosis Or A Missed Diagnosis

Posted on: 13 March 2023

When a patient checks into a hospital with a severe health condition, it's crucial that the patient receive a proper diagnosis and that they are not misdiagnosed. If a patient checks into a hospital and does not adequately treat a condition, which leads them to pass away due to this condition, the hospital might be liable for wrongful death.

Misdiagnosis Vs. a Missed Diagnosis

A misdiagnosis is when a doctor improperly diagnoses a symptom. For example, suppose the patient visits the doctor with a lump, and the doctor diagnoses it as being a benign tumor. In that case, the doctor may have committed medical malpractice if the tumor is later found to have been malignant.

In other cases, the doctor might not diagnose the patient at all. The patient may head to the hospital with a symptom commonly associated with a condition, and the doctor fails to test the patient for this condition. 

Compensation for Wrongful Death

If the patient passes away, family members might be entitled to compensation. If you believe you have a case, contacting a wrongful death attorney for help is a good idea. They will inform you on how a wrongful death case works in the state in which you reside. 

A wrongful death case is one you would file over the death of a family member. The wrongful death statute determines whether you can file a lawsuit for the deceased and whether you will be entitled to compensation.

Depending on your relationship with the deceased, you may be entitled to compensation for economic damages and harm you have suffered. You might find it more challenging to determine the damages you have suffered for a wrongful death compared with a personal injury case. For this reason, you'll need to consult an attorney and an expert witness who can help you calculate the damages.

How to Prove Misconduct or Negligence

You must also prove that the hospital engaged in misconduct to be entitled to compensation for wrongful death. The transgression could be intentional. With a wrongful death case involving a hospital, though, it's more likely to be due to negligence.

The Role of an Expert Witness

Your wrongful death attorney will consult with a medical expert who will explain what a reasonable medical practitioner in a similar situation would do. If the defendant deviated from what is expected, you might be entitled to compensation for any damages you can prove.

For more information, contact a wrongful death lawyer near you.


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