When you or a loved one seeks medical care, you trust your doctors, nurses, and other healthcare professionals to provide appropriate, timely treatment. Most of the time, this trust is well-placed. However, when medical professionals make errors, the consequences can be devastating.
Misdiagnosis is one of the most common forms of medical negligence, and it can lead to severe harm or even death. If you believe that a misdiagnosis caused significant injury or death, you may have a medical malpractice claim under West Virginia law.
What Is Medical Misdiagnosis?
A medical misdiagnosis occurs when a healthcare provider inaccurately identifies a patient’s condition or fails to recognize the condition altogether.
Misdiagnosis can take several forms, the three most common being:
- Incorrect diagnosis: When a doctor diagnoses a patient with the wrong condition.
- Delayed diagnosis: When the correct diagnosis is made, but only after a significant delay that worsens the patient’s condition.
- Failure to diagnose: When a doctor fails to recognize the existence of a medical condition altogether.
Some common examples of misdiagnosis include mistaking heart attack symptoms for acid reflux, failing to diagnose cancer in its early stages, or misinterpreting test results.
When Does Misdiagnosis Become Medical Malpractice?
While not every misdiagnosis constitutes medical malpractice, it can rise to this level when the misdiagnosis results from a healthcare provider’s negligence. This occurs when a healthcare provider fails to meet the accepted standard of care in diagnosing, treating, or managing a patient's condition.
To identify whether a misdiagnosis qualifies as medical malpractice, several elements must be proven:
- Duty of care: The healthcare provider had a legal duty to provide care in line with accepted medical standards.
- Breach of duty: The provider failed to meet those standards, either by making a diagnosis error that a reasonably competent professional would not have made or failing to take appropriate steps based on the patient’s symptoms.
- Causation: The misdiagnosis directly caused harm to the patient, worsening their condition or leading to unnecessary treatments.
- Damages: The patient suffered physical, emotional, or financial harm as a result of the misdiagnosis.
Because honest mistakes happen in healthcare, proving that a provider acted negligently can be challenging, often requiring expert testimony. An experienced personal injury attorney can help you determine if medical malpractice likely caused your injuries and with gathering the evidence necessary to establish the above elements and pursue a claim.
West Virginia's Statute of Limitations for Medical Malpractice Claims
Under West Virginia law, victims of medical malpractice have a limited time to file a lawsuit. The statute of limitations for medical malpractice claims in West Virginia is two years from the date the injury occurred or from the date you discovered, or reasonably should have found, that the injury was caused by medical negligence.
If the statute of limitations expires, you may lose your right to pursue compensation, so act quickly if you suspect malpractice.
Wrongful Death Due to Medical Misdiagnosis
If a misdiagnosis results in the death of a loved one, surviving family members may have the right to file a wrongful death lawsuit under West Virginia law. West Virginia law permits the personal representative of the deceased person’s estate to file a wrongful death lawsuit on behalf of the surviving family members, including spouses, children, parents, and siblings.
While no amount of compensation can bring back a loved one or undo the harm caused by a medical professional’s negligence, a wrongful death lawsuit can provide a sense of justice and financial security for the family.
How Our Firm Can Help
Katz Kantor Stonestreet & Buckner, PLLC is committed to helping victims of medical malpractice, including those who have suffered due to misdiagnosis. We understand the toll medical negligence can have on you and your family. Our compassionate team works tirelessly to investigate every case, gather evidence, and fight for the compensation our clients deserve.
If you or a loved one has been harmed due to a misdiagnosis in West Virginia, don’t wait to seek legal help; contact us today.