When you visit your doctor, you expect them to provide a proper diagnosis. You expect a reasonable standard of medical care from all health professionals. And while mistakes sometimes happen, you need to know what to do if you're wrongly diagnosed.

But can you sue a doctor or hospital for a false diagnosis? And how do you bring a hospital misdiagnosis lawsuit? Let's take a look.

Types of Medical Misdiagnosis

Misdiagnosis is when a healthcare provider doesn't diagnose a condition properly. There are three types of misdiagnosis claims:

1. Failure to diagnose: There's no diagnosis and so the patient's health declines.

2. Wrong diagnosis: The doctor gives the patient the wrong diagnosis.

3. Delayed diagnosis: There's a delay in diagnosing the condition, even if it's the right diagnosis.

Consequences of Medical Misdiagnosis

Getting the wrong diagnosis - or no diagnosis - can have significant consequences such as:

• Increased pain

• Worsening condition

• Wrong prescription

• Increased risk of death or long-term harm

If a doctor fails to diagnose you properly, it may be possible to sue the medical professional in question.

Can You Bring a Lawsuit Against a Hospital for Misdiagnosis?

Yes. You can sue for misdiagnosis if you can show that:

• Duty of care: A healthcare provider owed you a duty of care. This can be an individual like a doctor or facility like a hospital. They all have a duty to provide medical treatment with reasonable care and skill.

• Breach of duty: The provider fell short of this duty of care towards you. For example, they misdiagnosed you or failed to act.

• Harm: This breach of duty caused you harm. Meaning, the misdiagnosis caused you physical harm and/or financial loss.

• Causation: There's a direct link between your suffering and the healthcare provider's acts or omissions.

In Kentucky, you may also need an affidavit from a medical expert to support your claim. This is a statement from another healthcare provider to confirm that they believe there's a cause for action.

Damages for Malpractice

You can sue for any losses related to your misdiagnosis. Common losses you might claim in a hospital misdiagnosis lawsuit are:

• Emotional distress

• Lost wages

• Lost earning potential

• Medical bills

• Rehab costs

• Pain and suffering

There is no cap on damages for medical malpractice in Kentucky. So, there's no upper limit for how much compensation you can claim.

Time Limits for Malpractice Claims

Medical malpractice lawsuits are a type of personal injury case. This means that, under the statute of limitations, you only have so long to make a claim.

• You normally need to file within one year of the incident to claim damages.

• The "clock" starts running at the time you should have been aware of the harm.

• Even if you don't know the full extent of the harm yet, you still need to file in time.

If you don't file a lawsuit in time, you may lose your right to sue. Contact our team as soon as possible to start your claim.

Medical Malpractice Lawyers in Kentucky

A misdiagnosis can be life-changing or even fatal. If you receive a wrong diagnosis, you need the best medical malpractice lawyers on your side. At Powell Klausing PLLC, we're waiting to help you seek justice. Don't delay - contact our team to schedule a free, no-obligation case evaluation.