When you experience symptoms of a condition or undergo a routine check-up or laboratory tests, you should be able to rely on your healthcare provider to make an accurate diagnosis. If a primary care physician cannot provide one, you should expect a referral to a specialist who can identify the issue and ensure you receive timely treatment. Unfortunately, many patients suffer severe or even life-threatening harm because of a misdiagnosis.
If you or a loved one sustained harm due to a misdiagnosis, a Roanoke misdiagnosis medical malpractice lawyer at MichieHamlett could help. Our experienced failure to diagnose attorneys understand the devastating impact of diagnostic errors and could review your case, explain your legal rights, and pursue appropriate remedies on your behalf.
A misdiagnosis, or a missed diagnosis, is a term that refers to a scenario in which a healthcare provider offers you a diagnosis based on your symptoms, an exam, or tests, but the diagnosis is wrong. In some cases, a misdiagnosis means that a much more serious condition is not diagnosed in enough time for treatment. In other cases, a more serious condition is diagnosed, leading to unnecessary invasive tests or procedures.
Our firm handles many different types of misdiagnosis claims, and a wide variety of medical malpractice lawsuits more generally. The following are some of the common issues that arise in misdiagnosis claims we handle:
The statute of limitations for medical malpractice lawsuits in general is two years under Virginia law. In most cases, the clock on the statute of limitations will begin ticking on the day the healthcare provider is negligent, and the patient will have two years from that date to file a medical malpractice lawsuit against any liable healthcare provider. Once the clock on the statute of limitations runs out, the patient’s claim will become time-barred by Virginia law, and that patient will not be able to seek financial compensation by filing a medical malpractice lawsuit.
However, it is critical to understand that many misdiagnosis claims may have an extended statute of limitations. According to Virginia law, “in a claim for the negligent failure to diagnose a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma,” the statute of limitations is extended to one year from the date that the patient learns the correct diagnosis, and thus realizes that the original misdiagnosis may constitute malpractice and give rise to a lawsuit.
If a healthcare provider’s misdiagnosis caused a delayed diagnosis, a missed diagnosis, unnecessary testing, or a failure to identify your actual condition, you may have grounds for a medical malpractice claim. A Roanoke misdiagnosis medical malpractice lawyer at MichieHamlett could evaluate your situation and explain your options for pursuing compensation. Contact us today to schedule a consultation and learn more.
