Is a Misdiagnosis Considered Medical Malpractice?

Medical malpractice lawsuits are incredibly complex legal cases that require the specific and comprehensive knowledge of a seasoned medical malpractice attorney in Indiana. When asking about a correlation between incorrect diagnoses and malpractice, the answer is muddled with varying factors. Determining whether a misdiagnosis is grounds for a medical malpractice lawsuit or not requires expert testimony.

Continue below to learn what you need to know about medical misdiagnoses and medical malpractice laws in Indiana, plus where to get trusted personal injury legal advice near you.

Medical Malpractice Attorneys Indianapolis Indiana 317-881-2700
Medical Malpractice Attorneys Indianapolis Indiana 317-881-2700

Medical Misdiagnoses Can Be Seriously Harmful to Patients

A medical misdiagnosis a wrong diagnosis or a delayed diagnosis, both of which can be very dangerous to a patient’s physical and mental health. After being wrongly diagnosed, a patient can endure serious physical and mental harm as a result of incorrect treatments and medications, or delayed treatment. Diagnostic errors are bound to happen, and when they do, there can be very serious consequences.

An article was published a few years back in the popular medical journal, Diagnosis, discussing diagnostic errors and the impact it has on patients and their families. According to the data in the article, out of all medical malpractice claims that arise because of a patient’s death or permanent disability, virtually 34% were due to incorrect or delayed medical misdiagnoses. This 2019 diagnostic error study is especially fascinating because it covered a 10-year period that examined 28.7% of closed medical malpractice cases in the United States. Of these medical malpractice cases, it was found that over 11,500 diagnostic error claims were made by patients, and 75% of them based upon serious and potentially fatal diseases like cancer, vascular events (heart attacks, stroke, etc.), and infections.

Suing for a Medical Misdiagnosis

Doctors generally base their diagnoses on lab results, symptoms, and medical baselines and precedents. Because medical misdiagnoses are not always considered negligence, wrongfully diagnosed patients do not always have grounds for a medical malpractice lawsuit. In order for a patient to sue a hospital, medical facility, or physician for being misdiagnosed, the misdiagnosis must be negligent. In the case that a physician or medical facility took all of the reasonable steps to properly diagnose a patient, they cannot be held legally liable under medical malpractice laws if the diagnosis is incorrect.

To protect yourself from being medically misdiagnosed, be sure to have questions prepared for your physician prior to your doctor’s appointment. Do not be afraid to speak up and seek out information regarding your diagnosis, testing, treatments, and care. Furthermore, it is important to be an active member of your treatment plan by being honest with your doctor and providing them with all medical records.

Do you believe that you or a loved one is a victim of medical malpractice due to a diagnostic error? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced medical malpractice lawyer in Indianapolis, Indiana. Our personal injury attorneys represent clients throughout the state. We can hold consults over the phone or online via video conference.

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Common Hospital Infections That May Be Grounds for a Lawsuit

Medical Malpractice Attorneys 317-881-2700

Medical Malpractice Attorneys 317-881-2700

When a patient becomes a victim of a serious infection that stems from medical malpractice, there could be grounds for a personal injury lawsuit. However, establishing liability for such a claim is challenging, so be sure to discuss your potential claim with an experienced personal injury lawyer. There are many types of medical malpractice claims, but when it comes to infections, there are three that top the charts in terms of frequency.

Continue reading to learn which hospital infections are the most common, and who to call for questions about medical malpractice claims in Indiana.

3 Common Hospital Infections:

Surgical Infections – Surgical site infections are probably the most common infection cases in the medical malpractice area of law. These are infections that develop at or near the surgery incision site as a result of improper pre or post-surgery care.

Respiratory Infections – Although hospital-grade air is well-filtered, patients may still be exposed to airborne viruses and infections. This is among the most challenging infection cases to prove. Visitation and routine appointments may not have a strong case, but admitted patients might.

Internal and External Device Infections – Any surgically-inserted device can develop an infection if not done properly, including catheters, defibrillators, ventilators, drain sacs, feeding tubes, cochlear implants, pacemakers, stents, and more.

Hospital Infection Claims

Infections usually occur as a result of negligence, either by patient or medical personnel. When proper medical procedures are not adhered to, infections can develop that would otherwise be preventable. If an infection occurs in patient because a doctor, nurse, or other medical personnel did not take the proper precautions to ensure such infection wouldn’t develop, a victim could have a valid hospital infection lawsuit so long as they could prove their case. Hospital infection cases are treated just as any other type of medical malpractice case. The plaintiff party would hold the burden of proving that the infection occurred at the hospital as a result of a particular negligence.

Indianapolis Medical Malpractice Attorney

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about how to file a medical malpractice claim in Indianapolis, Indiana. Our seasoned personal injury lawyers have extensive trial and litigation experience representing medical malpractice victims. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis medical malpractice attorney you can trust.