Can you sue when a doctor misdiagnoses you in Colorado?
If a doctor or other healthcare provider in Colorado fails to accurately diagnose a patient, the patient might be able to pursue a lawsuit for medical malpractice. A misdiagnosis typically occurs when a doctor provides an inaccurate diagnosis for an existing ailment or an inaccurate diagnosis for an ailment that a patient does not have.
It is important to note that an inaccurate diagnosis does not automatically mean medical negligence. Rather, the success of a medical malpractice case, based on a misdiagnosis, generally hinges on whether the doctor failed to uphold the relevant medical standard of care under the factual circumstances.
If you believe you have been the victim of a misdiagnosis, the personal injury attorneys at Cimino Law Office, LLC will help you decide what your next steps should be. Call 720-434-0434 to schedule a consultation to learn more.
Commonly Misdiagnosed Conditions in Colorado
A misdiagnosis could happen in many types of medical cases and for a variety of reasons. Often, a patient's symptoms mimic another type of ailment thereby leading to an inaccurate diagnosis.
For example, one of the most commonly misdiagnosed conditions is heart disease because it can present few symptoms that might not be viewed as serious but could be life-threatening when viewed together. Some of the other commonly misdiagnosed illnesses and diseases include:
- Lyme disease
Although vascular disease and cancer make up a majority of the misdiagnosed conditions, it is important to remember that there is no definite list of conditions that could be negligently misdiagnosed.
What are the consequences of a misdiagnosis?
The consequences of a misdiagnosis vary greatly depending on the patient's circumstances. A misdiagnosis could be minor and not harmful to a patient; however, an inaccurate diagnosis could also cause significant harm and even death.
For instance, a misdiagnosis might expose a patient to harmful and dangerous treatments used to aggressively attack the wrongly diagnosed ailment. Additionally, an inaccurate diagnosis could prevent the necessary treatments required to fight the correct ailment. Significant misdiagnoses typically involve severe illnesses or diseases, so there is an increase in the possibility of death.
What do you do if you have been misdiagnosed in Colorado?
Many patients struggle with a misdiagnosis because they put their trust in a medical professional to provide accurate diagnoses and proper treatment. Unfortunately, misdiagnoses are not as uncommon as many would hope, so it is important to understand your options.
When a diagnosed condition does not seem to be improving or if you do not believe a diagnosis fits your symptoms or condition, you should first seek another medical opinion or additional medical care. If it is determined that a diagnosis was incorrect, you should also seek the assistance of a legal professional for a potential medical malpractice claim.
When is a misdiagnosis medical malpractice in Colorado?
A misdiagnosis in Colorado could represent medical malpractice if the diagnosing healthcare provider failed to meet the defined medical standard of care in the situation. Establishing a breach of the medical standard of care requires a doctor-patient relationship and showing that a similarly educated and trained doctor would have provided a proper diagnosis under similar circumstances.
However, it is critical to understand that a doctor's failure to make a correct diagnosis is not, in itself, sufficient to establish medical negligence. Additionally, a misdiagnosis must also result in injury or harm to the patient for a successful medical malpractice claim. With all of the components of medical malpractice met, a misdiagnosis could result in a successful lawsuit.
Why you should contact a personal injury attorney in Colorado
The personal injury attorneys at Cimino Law Office, LLC understand what goes into filing a misdiagnosis claim and how they can get the optimal results to make you whole again. Call 720-434-0434 or fill out our online form today to schedule a consultation.