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Understanding How an Attorney Can Help Prove Misdiagnosis


If you or a family member have been misdiagnosed, or a medical professional has failed to diagnose your condition, attorney David Cardon will fight to hold the accountable parties responsible your hardships. The team at Cardon Law in Virginia Beach, VA, knows your health is important to your livelihood and aggressively pursues all remedies available to you when medicine fails. A misdiagnosis attorney will partner with independent third parties in the medical field to get to the root of the misdiagnosis, and then apply the legal standards required to maximize your recovery. To learn more about The Cardon Difference and schedule a complimentary consultation, email the firm or call (757) 306-9060.

Upset surgeon holding x-ray with hand over eyes
Misdiagnosis or failure to diagnosis may be attributed to a surgeon, lab technician, nurse, or another negligent party.

Consequences of Medical Misdiagnosis

We all rely on doctors, nurses, and specialists to accurately identify the cause of an illness and develop an effective treatment plan. When a breakdown in this assumption occurs, the consequences can be dire:

  • Too Little or Too Much Treatment: A patient may be subjected to a more stringent round of chemotherapy or other treatment when a diagnosis is made too late or is not made correctly. In contrast, a patient might be exposed to this type of difficult treatment if the diagnosis is incorrect.
  • Unnecessary Surgery: Invasive and unnecessary surgeries can result from an improperly diagnosed condition. This is harmful because surgery takes an extra toll on the body, as does recovering from surgery. Undergoing surgery also exposes a patient to the chance of contracting a post-operative infection or similar complication. 
  • Premature Death: In the most serious cases, misdiagnosis or failure to diagnose can be directly traced to the cause of death. Families should consider filing a lawsuit for wrongful death in preventable instances.

Gavel and stethoscope

While there are no guarantees in medicine, patients should expect a certain level of care from the healthcare industry. This includes receiving medical treatment and advice that is in line with what another competent doctor would prescribe or do for the patient in the same circumstances. Any time that standard is not met and the patient suffers, a suit for medical malpractice is suggested.

Common Complications

Every case is different, as is every patient. However, many victims of medical misdiagnosis suffer similar results, including:

Birth Defects

Cerebral palsy, Erb’s palsy, and other defects from misdiagnosis before and during a routine birth can result. This can be due to the physician’s improper diagnosis of a pregnant mother, and the resulting failure to treat an infection due to that misdiagnosis. A birth defect can also be caused by an improper diagnosis of symptoms occurring during the birth, leading the birthing team to fail to take corrective actions.

Medication Errors

Medication is typically prescribed to treat a certain condition. When that condition is misdiagnosed, the patient receives an improper medication or wrong dosage, which may cause further illness or prolong the current symptoms.

Improper Identification of Disease

Medical treatment plans are designed to treat specific symptoms, so when the diagnosis is wrong, the symptoms go untreated. Exaggeration of the condition is often the result, leaving the patient to suffer a more serious illness than if the condition had been properly diagnosed.

Misdiagnosis can lead to significant health complications, but you are not alone. A dedicated attorney like Mr. Cardon will stand by your side so you can focus on healing. 

For example, asthma is often mistaken for bronchitis, and a staph infection can be misdiagnosed as the flu. In either case, the patient will not receive the proper care and experience ongoing and persistent effects. One of the most life-threatening conditions is the risk of a heart attack. When misdiagnosed as panic, stress, or anxiety, a patient is more likely to die at the onset of a heart attack.

Surgical Error

If a misdiagnosis is made that leads to surgery, the patient stands an increased chance of suffering a surgical error. The operation might simply be unnecessary, meaning a healthy body part or organ is treated without cause. In other cases, poor wound healing can occur or instruments might be left in the body cavity. All of these errors are accompanied by increased pain during recovery, post-operative complications, and the need to undergo additional surgery to correct the error.

Compensation for Medical Misdiagnosis

Patients who have been hurt by a medical misdiagnosis are entitled to compensation for their injuries and suffering. Typical damages include repayment for lost wages and decreased earning capacity, the costs of ongoing medical care, compensation for the medical expenses associated with the misdiagnosis, and pain and suffering. A knowledgeable medical misdiagnosis attorney will establish liability, and demand maximum recovery from the culpable parties. In the most extreme cases, it may be necessary to bring a suit for wrongful death. This is designed to compensate the family for what they have lost while holding the negligent party or parties responsible for the loss of life.

Why You Need a Medical Misdiagnosis Attorney

Bringing a suit against a doctor or hospital is a complicated legal undertaking. The right attorney will take the necessary steps for an effective case, such as:

  • Establishing liability by examining medical records, notes, and other information to identify the error.
  • Providing evidence that the error directly led to the harm suffered by the patient.
  • Showing the error was the result of a breach of the industry standard of care, meaning the doctor or facility failed to meet the level of care as would be provided by a similar physician in a similar situation.

The key to any successful case lies in the evidence and the ability of the attorney to draw out the facts to support your claim. Mr. Cardon undertakes a thorough investigation to uncover the facts and evidence needed, and engages in vigorous pursuit of maximum recovery for his clients.

Time is of the Essence

It is important to file your claim by following the correct statute of limitations, meaning lawsuits must be filed within a certain timeframe from the date of the incident. For a medical malpractice suit in Virginia, that deadline is two years from the date of harm. This can become complicated because in some instances, the harmful consequences may not be immediately known. Experienced medical misdiagnosis and personal injury attorneys know how to work with this deadline and make sure your case does not slip through the cracks.

Contact Mr. Cardon Today

An improper medical diagnosis can lead to significant and ongoing health complications, but you are not alone. A dedicated attorney like Mr. Cardon will stand by your side so you can focus on healing. Call (757) 306-9060 for more information or contact the office online.

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At the heart of this practice, we are improving people's lives everyday. My clients often have their job, their assets, and their quality of life residing on these cases, which is why success is not just important, but absolutely crucial.

David A. Cardon PC

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Virginia Beach Office

277 Bendix Rd
Ste 130
Virginia Beach, VA 23452

Open Today 8:30am - 4:30pm

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