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What to do when you receive a medical misdiagnosis

On Behalf of | Dec 5, 2023 | Blog, Medical Malpractice

Receiving a medical misdiagnosis can be a distressing experience. In Pennsylvania, you have legal options to address the effects of this situation.

It is important to stay informed about your rights and take appropriate steps to address the problem.

Get a second opinion

Medical research estimates that 795,000 patients in the United States die or become disabled each year due to misdiagnosis. If you believe your diagnosis is incorrect, have another health care professional evaluate you. Consulting with another medical expert can help validate or refute your initial diagnosis.

Schedule a meeting with your doctor to talk about your misdiagnosis. Present any additional information or concerns you may have. Clear and transparent communication can foster a better understanding between you and your health care team.

Keep detailed records

Maintain a file of all medical records, including test results, prescriptions and any communication with health care providers. This documentation can offer valuable evidence if you decide to take further action.

Understand your rights

Know the Patient Bill of Rights, which outlines the expectations and responsibilities of health care providers. Understanding these rights empowers you to advocate for your well-being.

You can file a complaint if your case warrants further investigation. Submit a detailed account of your experience to the Pennsylvania Department of Health. Include dates, care providers’ names and any supporting documentation.

Alternative dispute resolution options can settle issues outside of the legal system. Consider participating in mediation or arbitration to address your concerns.

File a legal claim

If you choose to file a lawsuit, take the following steps:

  • Show proof of a doctor-patient relationship
  • Get a complete set of your medical records
  • Investigate your health care records, hospital bills and other relevant information
  • Consult with medical experts to review the diagnosis and treatment you received
  • Prove negligence in your standard of care
  • Show how the misdiagnosis caused harm

Facing a medical misdiagnosis in Pennsylvania can be challenging. Understanding your rights and taking proactive steps can help you get the compensation you deserve.

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