If your doctor incorrectly diagnoses you, and you suffered additional harm due to that misdiagnosis, you may be able to seek legal compensation through a medical malpractice case.
The key question in misdiagnosis cases is the same as in other medical malpractice lawsuits: Would another physician have handled the case drastically differently? Would he or she have caught the problem earlier? It is a question of the accepted standard of medical care.
Anyone who provides healthcare services may be named as a defendant.
It depends on the severity of your derivation from the instructions, as well as the severity of the doctor’s negligence. If you do not exercise due care and attempt to mitigate damages, you may be found to be comparatively negligent. If this is the case, any damages you receive may be minimized.
Yes, it is possible that you will still be able to recover damages even if you signed a consent form. If your doctor’s actions and treatment didn’t live up to standard medical practice, you may have basis for a medical malpractice case. While medical procedures are often risky and unpredictable, a doctor’s negligence has nothing to do with your consent.
Under the collateral source rule, courts are not allowed to reduce an award for damages because you have been partially compensated by a nonparty to the case.
If your doctor incorrectly diagnoses you, and you suffered additional harm due to that misdiagnosis, you may be able to seek legal compensation through a medical malpractice case.
The key question in misdiagnosis cases is the same as in other medical malpractice lawsuits: Would another physician have handled the case drastically differently? Would he or she have caught the problem earlier? It is a question of the accepted standard of medical care.
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