Suing a Doctor for Misdiagnosis in Indiana
Injury victims in general, and misdiagnosis victims in particular, sometimes feel alone. These individuals may also feel like they have no legal options. Neither of these things is true. Millions of Americans are misdiagnosed every year. Furthermore, since medical providers are required to meet a standard of care, these victims sometimes have legal options to get compensation for their injuries and losses. These options include suing a doctor for misdiagnosis in Indiana.
What Patients Need to Know about Suing a Doctor for Misdiagnosis
If a doctor misdiagnoses or fails to identify an illness, the doctor may claim the misdiagnosis was a one-time error. Patients in these situations may feel confused, alone, and helpless. Yet the facts are much different. Roughly twelve million Americans are misdiagnosed every year. Many of these misdiagnosis victims suffer serious injuries, and women and minorities are misdiagnosed at higher rates. If a doctor made a medical mistake during the diagnosis process, you are certainly not alone.
If misdiagnosis has impacted your family like it has so many others, you will find at Camden & Meridew, P.C. a misdiagnosis attorney in Indianapolis who stands up for your rights and works to obtain the compensation you need and deserve. Damages for mistaken diagnosis claims in Indiana may include coverage of medical expenses and loss of ability to work as well as compensation for emotional distress. When you sue a doctor for misdiagnosis, additional punitive damages may also be available.
What Prompts Mistaken Diagnosis Claims in Indiana?
Typically, misdiagnosis means failing to identify a condition affecting the patient. Misdiagnosis could also be informing the patient that he or she has a condition that he or she does not have. Medical outcomes are often better with early intervention, so misdiagnosis can cost a patient critical time. Misdiagnosis claims may involve these conditions, among others:
- Head injuries;
- Heart conditions or events, like a heart attack;
- Infections; or
Medical providers have a responsibility to provide a reasonable duty of care to their patients. This duty of care is a fiduciary duty. That’s the highest duty of care in Indiana law. Doctors, accountants, lawyers, and certain other professionals must do what is best for their clients or patients.
How Indianapolis Malpractice Lawyers Resolve Your Claim for Damages
Most medical malpractice claims do not go to trial. In fact, over 95 percent of injury claims, including malpractice claims, settle out of court. However, the road is often long and winding. Since there are almost always some questions regarding legal responsibility or the extent of damages, very few claims settle quickly.
Early settlements in mistaken diagnosis claims in Indiana may not be in the plaintiff’s best interests. Misdiagnosis lawsuits against doctors may involve substantial future medical expenses. If the settlement does not account for these expenses, which do not become known until later, the victim could be financially responsible for them in the future.
Mediation—an alternative dispute resolution format using negotiation conducted and supervised by a neutral third party—is sometimes used to determine an appropriate settlement for mistaken diagnosis claims in Indiana. A neutral third-party mediator works to ensure that the parties negotiate in good faith. Additionally, the mediator’s job is to bring the two sides together, if possible, so they can find common ground and resolve their dispute.
If settlement negotiations fail to produce an adequate agreement to compensate you for your injuries and losses, you need a misdiagnosis attorney in Indianapolis who will take your case to trial and hold the medical provider or providers who caused your injury responsible.
Talk to a Carmel Fishers Mistaken Diagnosis Malpractice Lawyer about Suing a Doctor for Misdiagnosis
Misdiagnosis victims usually have legal options. If you or a loved one were misdiagnosed and have suffered as a result, Carmel Fishers mistaken diagnosis malpractice lawyer David Allen will meet with you to discuss your case free of charge.
Learn more about options when suing a doctor for misdiagnosis in Indiana by contacting David at Camden & Meridew, P.C. by going online or calling 317-770-0000. Virtual, home, and hospital visits are available.