Medical patients are misdiagnosed at an alarming rate in the United States. Unfortunately, this is a growing problem with no sign of slowing down. From failure to diagnose a specific condition to missing an allergy, there are many different scenarios that will result in a misdiagnosis. In a worst case scenario, when a doctor or other medical professional fails to properly diagnosis a condition, it can lead to death. However, if the misdiagnosis is caught early on, further damage or harm can be prevented or kept from turning into something deadly.
Due to the nature of our healthcare system today, it is incredibly common for doctors to miss something serious going on in the body. When you go to the doctor, you expect them to give you their undivided attention and listen to your complaints. Whether you have a lingering cough, a small lump, or frequent discomfort in a specific area of the body, you assume your doctor will take the time to try and figure out what is going on. However, that is typically not what happens. More often than not, your doctor performs a brief examination and makes an assumption based on what he sees right then. He will then prescribe you a medication and send you on your way. In many cases, the symptoms persist and even worsen, which is when it becomes clear that medical misdiagnosis has occurred. So, what do you do? For starters, it is important to contact a medical malpractice attorney right away. Filing a medical malpractice lawsuit is extremely complex and requires the knowledge and expertise of a professional.
Filing a Medical Malpractice Lawsuit
It is important to keep in mind that medical malpractice laws vary from state to state. In Texas, medical malpractice occurs when a doctor or other healthcare provider violates his or her duty of care to a patient. This duty of care (also referred to as standard of care) is the generally accepted methods used by other doctors to diagnose and treat patients experiencing similar symptoms. When this does not occur, medical malpractice may have occurred.
In Texas, a patient who has suffered because of a medical misdiagnosis must file a lawsuit within two years of the malpractice incident. Because Texas has some of the strictest time limits pertaining to medical malpractice or misdiagnosis cases, it is important you contact a Dallas medical negligence lawyer as soon as possible. This will prevent you from running into any trouble and missing your window to file a claim against the doctor or hospital responsible for your misdiagnosis. One last thing to note when it comes to filing a medical malpractice claim in Texas: there is a cap on noneconomic damages for all healthcare providers. The cap is $250,000 and pertains to each hospital, meaning if you file a lawsuit against a doctor, the most you can attempt to claim for noneconomic damages is $250,000, plus an additional $250,000 from the hospital itself.
If you believe you have been misdiagnosed and are unsure how to proceed, please contact Rad Law Firm today. Our Dallas medical malpractice lawyers have years of experience representing victims of these types of cases and are prepared to do the same for you today.