Medicine is an inherently uncertain field, and many medical conditions mimic the symptoms of other conditions. An accurate diagnosis is crucial for most patients facing critical medical problems, and their attending physicians have a professional duty to provide a complete and accurate diagnosis in a timely manner.
A misdiagnosis occurs whenever a diagnosing physician fails to provide an accurate diagnosis to their patient. The doctor may overlook crucial elements of the patient’s medical history and unique physical characteristics, current prescriptions, or other variables that lead to an incorrect diagnosis. It is also possible for a misdiagnosis case to occur when a medical doctor fails to provide an accurate diagnosis within a reasonable time, also known as delayed diagnosis.
Diagnostic errors are dangerous, and a patient can easily suffer various forms of harm due to a misdiagnosis. If the doctor mistakes their condition for something else entirely, the patient could be subjected to complex and potentially damaging medical procedures that do nothing to help their actual problem. Additionally, the actual cause of their condition may go untreated due to a diagnostic error, causing it to worsen.
If you or a loved one recently suffered an injury from a misdiagnosis or delayed diagnosis in Grand Rapids, MI, a medical misdiagnosis attorney is the best resource for helping you determine your options for legal recourse. Goethel Engelhardt, PLLC, has the experience to represent Michigan clients like you in difficult medical malpractice and serious personal injury cases.
Attempting to manage any medical malpractice case on your own is very risky and unlikely to yield acceptable results for you and your family. Medical malpractice is a form of personal injury, so fault for your recent misdiagnosis may seem perfectly apparent. However, the legal processes you must complete to succeed with your claim are far more challenging than you might expect. Even if you do succeed, you would be unlikely to secure as much money for your situation as a qualified Grand Rapids medical misdiagnosis attorney could have obtained on your behalf.
Medical malpractice cases are extremely complex and time-consuming, and they potentially involve substantial sums of damages. If you are approaching any medical misdiagnosis case in Michigan, you need a legal team that can help you handle the situation as efficiently as possible and maximize your recovery. When you choose Goethel Engelhardt, PLLC, as your Grand Rapids medical misdiagnosis attorneys, you choose skill and experience. We are ready to do everything we can to obtain as much compensation for your damages as Michigan law permits.
When a medical professional must diagnose a patient, they are required to use an effective differential diagnostic process. This involves identifying all of the patient’s symptoms and using a coherent process of elimination to accurately determine the nature of the patient’s underlying condition. An accurate diagnosis informs treatment and the standard of care for the patient. When a medical misdiagnosis occurs, the patient is likely to suffer harm and unlikely to receive the treatment they actually require.
Misdiagnosis can easily lead to extensive harm to the patient both in terms of them not receiving the care they require and exposure to ineffective or even potentially dangerous medical procedures that do not help their actual condition. Diagnostic errors often result in tremendous losses for the victim, and they would have the right to pursue a medical malpractice lawsuit against the doctor responsible for the diagnostic error.
When a medical misdiagnosis occurs, the incident is likely to result in medical harm to the patient. These issues usually require extensive corrective treatment. If the misdiagnosis caused any permanent harm, the patient may need ongoing rehabilitative care or in-home medical support. In a medical malpractice claim, the plaintiff has the right to seek full compensation for any and all medical expenses resulting from their experience.
Diagnostic error injuries can also cause the victim to be unable to work for an extended time. If the incident caused any permanent harm, they could be unable to return to work at all in the future. In this situation, the victim would have the right to seek compensation for their lost wages during their initial recovery in addition to lost future earning capacity. Your Grand Rapids medical misdiagnosis attorney can assist you in calculating the total amount of lost income and lost earning potential resulting from your experience.
Michigan law also allows plaintiffs in medical malpractice claims to seek compensation for their pain and suffering. State law limits the amount a plaintiff can claim in a medical malpractice case, and as of 2021, the limit on noneconomic damages in medical malpractice claims was $476,000. This limit increases to $851,000 if the plaintiff suffered permanent harm from the incident in question. Examples of permanent harm include a spinal cord injury resulting in paralysis, permanent reproductive harm, or any other substantial disability. Your attorney can assist you in determining a fair amount of pain and suffering compensation to list in your claim.
While a medical malpractice claim is technically a form of personal injury claim, there are unique statutes that apply to medical malpractice cases that all plaintiffs must follow. First is the statute of limitations, or the time limit in which a plaintiff has to file their claim in civil court. In Michigan, the statute of limitations is two years from the date malpractice occurs. Alternatively, if the victim did not notice the effects of the misdiagnosis immediately, the discovery rule applies. Then, they would have six months from the date they discovered harm to file their claim.
Michigan law also requires a medical malpractice claim plaintiff to issue a Notice of Intent to the defendant listed in their claim. This Notice of Intent notifies the defendant that the plaintiff intends to file a civil lawsuit against them. This Notice must be issued at least 180 days prior to the actual filing of the complaint.
Most medical malpractice claims in Michigan also require certificates of merit. An outside medical professional who has qualifications similar to those of the defendant must provide a concise explanation as to why the defendant’s actions constitute a breach of the standard of care the patient required.
Your Grand Rapids medical misdiagnosis attorney can assist you in fulfilling all the procedural requirements your case entails. Having reliable legal counsel throughout this process is an invaluable asset that inherently increases your chances of success with your claim. Goethel Engelhardt, PLLC can help you develop a comprehensive legal strategy to seek maximum compensation for the losses you have experienced.
Michigan law allows the victim of medical malpractice to seek full repayment of all economic losses they sustained due to the malpractice. These economic damages are likely to include the cost of immediate corrective treatment, any costs for necessary ongoing medical care, and lost income during initial recovery. Lost future earning potential can also be included in the compensation award if the injury results in permanent disability. Plaintiffs also have the right to seek pain and suffering compensation within the limits set by state law.
A misdiagnosis occurs when the diagnosing physician fails to meet the appropriate standard of care at any point during the diagnostic process. Your Grand Rapids medical misdiagnosis attorney can coordinate expert witness testimony to support your case, and you likely need an expert witness to provide a certificate of merit to support your claim.
Many civil cases end in settlement. Once the defendant in your case receives your Notice of Intent and supporting statements from qualified medical professionals, they are likely to try and settle your claim as quickly as possible. However, if a defendant contests liability or argues the extent of damages sought by the plaintiff, a more extensive litigation process can ensue. This might require several months of complex proceedings before everyone reaches a resolution.
Many personal injury lawyers offer contingency fee billing to their clients. This means clients only owe legal fees once their attorneys win their cases, and there are no upfront costs for their representation. When you choose Goethel Engelhardt, PLLC to represent you in a medical misdiagnosis case, we carefully review our billing policy with you to ensure full transparency when it comes to your legal fees.
The right attorney can make a tremendous difference in your experience with a medical malpractice case. The attorneys at Goethel Engelhardt, PLLC have experience providing comprehensive legal counsel to clients throughout the Grand Rapids, MI, area, and we can handle the unique challenges your medical misdiagnosis case presents. If you’d like to explore your legal options with a reliable and experienced Grand Rapids medical misdiagnosis attorney, contact Goethel Engelhardt, PLLC.
3049 Miller Road
Ann Arbor, MI 48103