A doctor is someone you trust with your health and well-being. If your primary care physician failed to recognize signs of a medical condition or failed to make an appropriate referral, you can have grounds to explore a medical malpractice claim.
A missed or delayed diagnosis can have a lasting impact on your life. Its negative effects may mean you need to take legal action.
How Pennsylvania law can help after medical negligence
Preserving evidence of a missed diagnosis is important when building a medical malpractice case. Several factors often affect a medical malpractice claim in Pennsylvania. Before moving forward with a negligence claim, it is helpful to understand these key considerations:
- Assess negligence: Not every wrong diagnosis is medical malpractice, but if the doctor fails to meet the expected standard of care and causes you harm, you may be able to file a medical malpractice claim. Medical records, test results and an expert medical opinion allows you to establish whether the physician’s care fell below the applicable standard and caused problems for you.
- Know the deadline: Pennsylvania generally enforces a two-year deadline to file a personal injury or medical malpractice claim. However, under the “discovery rule,” the clock may not begin until you reasonably should have discovered the misdiagnosis.
- Understand the need for a certificate of merit: The law requires a certificate of merit when filing a medical malpractice claim. It must generally be filed with the complaint or within 60 days of filing the complaint and should be supported by a qualified medical professional.
If the medical negligence caused harm or worsened the outcome, you may be entitled to damages under Pennsylvania law. These can include compensation for medical treatment, lost income and the physical and emotional effects of the injury.
What comes next after a missed diagnosis
A medical malpractice injury is not something you should have to bear because of someone else’s negligence. If a doctor’s mistake has affected your health, finances or quality of life, you may have the right to seek compensation for your losses. Learning about your legal rights enables you to take the next step toward recovering from the financial consequences of medical negligence.