Jackson Misdiagnosis Attorney
Diagnostic Errors & Medical Malpractice
When you visit a doctor or go to the hospital, you expect the medical providers there to accurately assess your symptoms and provide a prompt diagnosis. While it is not reasonable to expect that medical professionals will never make mistakes, they are required to uphold a certain standard of care when evaluating and diagnosing patients. This includes conducting all appropriate tests, ruling out certain conditions, and referring patients to specialists when necessary. Failure to uphold the accepted standard of care when diagnosing a patient can lead to failure to diagnose, delayed diagnosis, and misdiagnosis—all of which may constitute medical malpractice.
At ‘Maggio | Thompson, LLP, our Jackson misdiagnosis attorneys represent victims of diagnostic errors and their families throughout Mississippi. To date, we have won millions of dollars for our clients in complex and challenging cases. We understand the law, and we know how to fight for the maximum recovery you are owed.
How Common Are Diagnostic Errors?
According to Johns Hopkins Medicine, a review of 25 years of medical malpractice cases in the U.S. found that diagnostic errors, including misdiagnosis, comprised the majority of these claims. Such errors also accounted for the greatest degree of patient injury and harm and totaled about $38.8 billion between 1986 and 2010. In other words, diagnostic errors are among the most common and harmful examples of medical malpractice in the United States.
The researchers involved in the study estimated that as many as 80,000 to 160,000 patients suffer significant complications, permanent injuries, and fatalities every year due to misdiagnosis and other diagnostic errors in the U.S.
- Cancer misdiagnosis
- Heart attack and vascular event misdiagnosis
- Misdiagnosed infections, including hospital infections
Together, these three account for nearly 75% of all serious injuries, complications, health conditions, and deaths related to diagnostic errors.
When Is Misdiagnosis Considered Medical Malpractice?
It is important to distinguish between medical providers who are unable to diagnose a condition and those who make preventable diagnostic errors. While the former is not necessarily considered medical negligence, the latter often constitutes malpractice.
To determine whether a diagnostic error, such as misdiagnosis or delayed diagnosis, constitutes medical malpractice, our attorneys look at a variety of factors. These often include:
- Whether the medical provider properly assessed the patient’s symptoms
- Whether the medical provider ordered or conducted appropriate diagnostic tests
- If the diagnostic tests were conducted properly
- If the results of diagnostic tests were accurately analyzed
- Whether the patient received a reasonable level of attention, treatment, and care
- Whether the patient was injured or otherwise harmed
- If the medical provider did everything another qualified provider would have done in the same or similar circumstances
If the medical provider failed to uphold the accepted standard of care—meaning they did something or failed to do something that another qualified medical provider could reasonably have been expected to do or refrain from doing in the same or a similar situation—and the patient was injured, there is likely a case for malpractice.
One common example occurs when a patient goes to the emergency room with symptoms of a heart attack only to be diagnosed with having a less-serious condition, such as heartburn or anxiety. Often, this occurs without emergency room personnel conducting the appropriate tests to diagnose or rule out more serious conditions, such as a coronary angiography. Patients are discharged and go home, where they later experience heart attack-related complications, including death.
Compensation for Victims of Diagnostic Errors
When medical providers negligently fail to promptly diagnose medical conditions, patients can experience a wide range of serious complications and life-threatening health conditions. They often require emergency medical treatment and ongoing care. They may suffer a variety of physically painful and emotionally distressing symptoms and are often unable to return to their once-normal everyday lives for weeks, months, or even years.
At ‘Maggio | Thompson, LLP, we seek fair financial compensation for victims of diagnostic errors, including misdiagnosis, delayed diagnosis, and failure to diagnose. When a patient tragically passes away due to a preventable medical mistake, our Jackson misdiagnosis attorneys can help surviving family members and loved ones fight for justice.
Many victims of diagnostic errors are able to recover compensation for the following damages:
- Medical expenses associated with treating diagnostic error-related injuries and conditions
- Lost income/wages from time taken off work to receive treatment and/or heal
- Lost future earnings associated with permanent disability and impairment
- Pain and suffering, including physical pain and emotional/mental distress and trauma
- Miscellaneous out-of-pocket costs, such as in-home assistance and care
Our firm is prepared to aggressively advocate for you. We fight to recover every last cent our clients are owed so that they can get the critical care they need to heal and move forward with their lives.
Speak to a Member of Our Team Today About Your Misdiagnosis Case
If you believe that a doctor, specialist, or another healthcare provider negligently failed to properly diagnose your medical condition, leading to serious injury or other harm, contact ‘Maggio | Thompson, LLP for a free consultation. Our attorneys can meet with you to discuss the specific details of your situation and determine whether you have grounds for a medical malpractice case.
As your legal team, we will provide personalized and attentive service, as well as aggressive and reliable representation in and out of the courtroom. We offer free initial consultations, and there are no legal fees unless we recover a settlement or verdict for you.