When a patient visits their doctor for a check-up, scan, or procedure, there’s a level of trust involved in that relationship. The patient trusts that their healthcare provider will perform the necessary steps to determine what is behind the symptoms that brought the patient to the doctor in the first place.
Unfortunately, in many instances, the medical provider makes the wrong diagnosis or fails to diagnose the true medical problem resulting in that condition getting even worse and making the patient sicker. In fact, instances of missed diagnosis or misdiagnosis are the most common reasons why a patient files a medical malpractice claim against their doctor.
Our team of Virginia Beach and Norfolk missed diagnosis malpractice lawyers understand why these situations can be so traumatizing and frustrating for patients. A misdiagnosis, or incorrect diagnosis, can result in a patient following the wrong treatment plan. This can delay proper treatment and even harm the patient because they may be prescribed medications they do not actually need and may have detrimental side effects.
Why Choose A Missed Diagnosis Lawyer From Shapiro, Washburn & Sharp?
- At Shapiro, Washburn & Sharp, our team has achieved more than $75 million in total jury verdicts and over $100 million in combined settlement amounts for personal injury clients.
- Our team has more than 75 years of combined legal experience, situating us perfectly to handle your case moving forward.
- Our Virginia Beach injury lawyers are respected by our peers, our rivals, and by the courts.
Why a Missed Diagnosis Is So Harmful to a Patient
If a patient has cancer, an early and correct diagnosis can make a major difference in the patient’s prognosis and treatment plan. It is absolutely critical for physicians to make a proper diagnosis as soon as possible when it comes to detecting cancer, especially with regard to diagnostic tests, MRIs, x-rays, CT scans and other tests specifically done to rule out a disease or cancer. A missed cancer diagnosis or a failure to diagnose cancer can have life-threatening ramifications.
We’ve handled cases where a patient’s cancer grew by 3 or 4 fold because their doctor completely failed to diagnose the cancer. By the time it was detected, the patient was forced to undergo a much more aggressive chemotherapy treatment plan and there were no assurances that would even help. Suffering cancer is terrible enough, but suffering from a worse cancer that could have been treated if caught earlier, is a double burden. When a doctor fails to diagnose a cancer that should have been found, the psychological toll is immense.
Consequences Of A Missed Diagnosis
Our Virginia Beach medical malpractice lawyers often see cases involving:
- Aortic dissection
- Appendicitis
- Heart attack
- Infection
- Pneumonia
- Pulmonary embolism
We also see many missed cancer diagnosis cases involving:
- Breast cancer
- Cervical cancer
- Colorectal cancer
- Lung cancer
- Prostate cancer
- Testicular cancer
In some cases, a missed diagnosis may result in the death of a patient. Speak to a Virginia Beach wrongful death lawyer to learn more.
Compensation Available to Missed Diagnosis Malpractice Patients
Those who are harmed due to a medical misdiagnosis in Virginia Beach should be able to recover various types of compensation if their claim is successful. Regardless of whether or not compensation is secured through a settlement with insurance carriers or a personal injury verdict, our attorneys will work diligently to recover both economic and non-economic compensation.
- Economic damages. This is also referred to as special damages, and this revolves around the calculable losses a victim and their family will incur as a result of a medical missed diagnosis. These losses can include:
- Medical bills arising as a result of the missed diagnosis
- Lost wages if a survivor cannot work while they recover
- Coverage of any physical therapy or rehabilitation needed
- Coverage of medical devices or prescription medications
- General household out-of-pocket expenses
- Non-economic damages. This is also referred to as general damages and revolves around the types of compensation that are harder to calculate after a missed diagnosis. These types of losses are more immeasurable because there are no direct bills or receipts that can be added up to show a survivor’s:
- Physical pain and suffering
- Psychological and emotional distress
- Loss of enjoyment of life
- Loss of consortium for a spouse or family members
Timeframe for Filing These Medical Malpractice Claims
When we examine Va. Code Ann. § 8.01-243, we can see that the Virginia medical malpractice of statute of limitations is two years from the date an injury occurs. This means that a lawsuit has to be filed by the medical malpractice victim against the allegedly negligent party within two years, or they will likely lose the ability to recover the compensation they are entitled to.
The statute of limitations for children harmed by a missed diagnosis is a little bit more flexible. Children under the age of eight harmed by medical malpractice have until their 10th birthday to file a lawsuit to recover compensation.
Paying for a Virginia Beach Missed Diagnosis Attorney
At Shapiro, Washburn & Sharp, you will not have to worry about paying any legal fees until after our team secures the compensation you are entitled to. We take Virginia Beach missed diagnosis cases on a contingency fee basis. If we do not win, our clients do not pay. Additionally, there will be no upfront or out-of-pocket costs required from the client while their case is ongoing.
Contact a Virginia Beach & Norfolk Missed Diagnosis Attorney
If you or a loved one was the victim of a misdiagnosis or missed diagnosis by a medical provider, you may be entitled to restitution for your medical expenses, pain and suffering, and where a death results, wrongful death statutes provide for a wide spectrum of other damages and losses that can be recovered. Our team of Virginia Beach & Norfolk medical malpractice and wrongful death lawyers have successfully represented victims of misdiagnoses and missed diagnoses. We have decades of legal experience and the resources necessary to handle these complex personal injury and wrongful death cases. Contact us today for a free, confidential consultation.