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April 6, 2023

Why Hire a Lawyer for a Misdiagnosis?

If you received a misdiagnosis, you are not alone. Diagnostic errors in the medical setting are alarmingly common. According to a study conducted by Johns Hopkins Medicine, diagnostic errors account for “the largest fraction of [medical malpractice] claims, the most severe patient harm, and the highest total of [settlements].”

If you or a loved one were misdiagnosed, it is important that you speak with a lawyer promptly. You may have a medical malpractice claim; and, if you do, you will need an attorney to help you hold your (or your loved one’s) healthcare provider accountable. 

7 Reasons to Contact a Medical Malpractice Lawyer After a Misdiagnosis

Here are seven reasons to talk to a lawyer about filing a medical malpractice claim following a misdiagnosis:

1. Misdiagnoses Constitute Medical Malpractice in Many Cases

Many misdiagnoses are the result of medical malpractice. In Rhode Island, doctors are held to a certain standard of care. When they fail to meet this standard, they can (and should) be held accountable for malpractice. While there are exceptions, many misdiagnoses will represent a failure to meet the requisite standard of care. 

2. The Costs of a Misdiagnosis Can Be Substantial 

When a doctor makes a misdiagnosis, the costs for the patient and the patient’s family can be substantial. Depending on the nature and severity of a patient’s illness or injury, a misdiagnosis can lead to substantial medical bills, loss of income and benefits, and other out-of-pocket costs. If you have a medical malpractice claim, these are all costs a lawyer can help you recover under Rhode Island law. 

3. A Misdiagnosis Can Also Impact Your Life in Other Ways

Along with financial costs, a misdiagnosis can impact your life in other ways as well. Diagnostic errors can cause pain and suffering, loss of enjoyment of life, emotional distress, loss of companionship and consortium, and shortened life expectancy. Rhode Island law makes financial compensation available for these losses as well, and an experienced lawyer can help you seek an appropriate settlement based on your (or your loved one’s) doctor’s medical malpractice. 

4. Healthcare Providers Have Insurance that Covers Medical Malpractice Claims 

When you file a medical malpractice claim for a misdiagnosis, you will be dealing with your healthcare provider’s insurance company. Most healthcare providers have insurance that covers medical malpractice claims—and this coverage exists to help people in your exact situation.

5. You Need to Be Careful to Protect Yourself

You need to be careful to protect yourself. Mistakes and oversights can quickly get in the way of recovering the financial compensation you and your family deserve. When you hire a lawyer to represent you, your lawyer will walk you through what you need to do, and your lawyer will also explain the various mistakes you need to avoid. Your lawyer will also deal with the insurance company for you while you focus on your physical and emotional recovery.

6. A Lawyer Can Help You Seek a Confidential Settlement 

Often medical malpractice claims that involve misdiagnoses are resolved via settlement. When you hire a lawyer to represent you, your lawyer will work with medical and financial experts to prove your claim and then negotiate for a favorable settlement on your behalf. Your lawyer can help you understand what constitutes a fair settlement in light of your individual circumstances; and, if your healthcare provider’s insurance company makes a settlement offer, your lawyer can help you make an informed decision about whether to accept.

7. A Lawyer Can Take Your Misdiagnosis Claim to Court if Necessary 

Finally, while most medical malpractice claims settle, some do not. If your healthcare provider’s insurance company refuses to offer a fair settlement, your lawyer can take your misdiagnosis claim to court.  It is important to have a lawyer on your side who is capable of representing you at trial if necessary.

Contact Us for a Free Consultation About Your Misdiagnosis Claim in Rhode Island

If you or a loved one have been a victim of a misdiagnosis in Rhode Island, contact Mandell, Boisclair & Mandell, Ltd. promptly for a FREE case evaluation.

The medical malpractice lawyers at Mandell, Boisclair & Mandell, Ltd. have successfully helped victims of medical negligence for more than 45 years. Attorney Mark Mandell has won more million-dollar and multi-million dollar verdicts and judgments than any other lawyer in our state’s history. We have been recognized by Best Lawyers and Super Lawyers as the Best Law Firm and Lawyer of the Year in the areas of medical malpractice, personal injury, and more.

To speak with a lawyer about your legal rights in confidence, call (401) 273-8330 or request a FREE consultation online today.