Atlanta Medical Misdiagnosis Lawyer

When we go to a hospital or clinic, we expect the doctor to make an accurate diagnosis of the problems we are having and to prescribe effective treatment to make us well again. When medical professionals fail to do so, it can lead to very serious or even life-threatening medical conditions that may have otherwise been simply treated.

If you or a loved one has suffered as a result of a doctor’s misdiagnosis or failure to diagnose a medical condition, you may have grounds for a medical malpractice claim. These cases can be extremely complex, and it is important that you seek the advice of an experienced lawyer who will fight for your rights.

To speak with an experienced Atlanta medical misdiagnosis attorney regarding your medical misdiagnosis, call the attorneys of Hilley & Frieder, P.C., at (404) 795-6099.

Why Choose Us For Your Medical Misdiagnosis Claim?

• We are a husband and wife legal team – when we leave the office, we don’t leave the work behind- we take every case home with us
• We do our own work – the lawyers you meet are the lawyers that actually handle your case
• We have over 50 years of experience and a track record of success

How Medical Misdiagnosis And Delayed Diagnosis Happen

When we visit the doctor, we place our trust in someone who has the specialized training necessary to identify and treat medical issues. However, doctors can commit mistakes when examining patients, leading to a misdiagnosis.

Common factors that may contribute to misdiagnoses may include the following:

• Failure to perform certain screenings or tests
• Failure to accurately interpret or report test results
• Failure to identify the true cause of your symptoms
• Failure to provide necessary treatment in a timely manner
• Providing treatment that is harmful to you and your condition

Misdiagnoses can lead to severe consequences without prompt medical attention. You may suffer a worsening underlying condition that may not respond as well to future treatment as it would have if you received proper care. Your symptoms may increase in severity, and you may develop additional injuries and complications.

All of these impacts lead to more medical bills, lengthier recovery times, and greater financial, physical, and emotional stress. You deserve justice for these negligence-induced losses, and our lawyers at Hilley & Frieder, P.C., are here to help you obtain the compensation you need.

When Should You File A Misdiagnosis Lawsuit?

Georgia generally requires you to file a medical malpractice claim within two years after an injury or death resulting from the alleged negligence. This deadline does not simply begin when you learn that a diagnosis was wrong.

A separate five-year statute of repose generally prevents claims filed more than five years after the negligent act or omission. However, state law also includes exceptions that affect how these deadlines apply in certain cases.

The timing will therefore depend on the specific facts of the case, including the type of injury, the patient’s age and the date of the injury or death. Other statutory rules also affect the filing period in some circumstances.

Do not rely on this page to calculate your deadline. Contact our firm promptly so our attorneys can evaluate the dates of the alleged negligent act, injury, diagnosis and discovery, and determine which timing rules apply.

How Do You Prove A Misdiagnosis Claim?

For medical malpractice to occur, the doctor or other healthcare provider in your claim must commit an act of negligence. To secure your settlement, you must prove that negligence occurred by proving the following three elements:

• First, you will need to prove that you and the at-fault medical professional had a doctor-patient relationship. He or she must have treated you in a formal setting, such as a hospital or clinic.
• Next, you will need to prove that the at-fault doctor committed an act of negligence, or did not provide you with skilled or competent treatment.
• Finally, you will need to prove that the misdiagnosis caused the injuries you are seeking compensation for.

In misdiagnosis lawsuits, the act of misdiagnosis is not negligence by itself. You will have to determine whether or not the doctor acted in a competent manner, which will involve comparing his or her actions to how a reasonably prudent and similarly trained professional would act in the same situation.

Proving negligence in a misdiagnosis case will usually involve proving one of two facts:

• Doctors usually create a list of probable diagnoses when treating a patient, and narrows down the actual diagnosis based on further tests and observations. If your doctor did not include the correct condition on this list and another competent doctor would have included it under the same circumstances, you could establish negligence.
• If the doctor did have the correct diagnosis on the list but failed to perform the tests necessary to check for the condition or seek another medical opinion to validate his or her findings, you may also be able to establish negligence.

Proving medical misdiagnosis can be difficult, but with the right medical misdiagnosis attorney in Atlanta and resources on your side, you can build a compelling case for your compensation. Our medical misdiagnosis lawyers will connect you with medical experts who can provide testimony in your case, helping you establish the presence of negligence with sound scientific evidence.

Evidence That Can Help Evaluate A Misdiagnosis Case

To understand what happened, our attorneys often need to review the patient’s care over time. You do not need to gather every document before contacting our firm. These materials can help us begin reviewing the case:

• Medical records from before, during and after the suspected error
• Emergency room, hospital, urgent care, primary care and specialist records
• Imaging studies and reports
• Pathology and laboratory results
• Prescription and treatment history
• A personal timeline of symptoms and treatment
• Work-loss information and medical bills
• Names of the providers and facilities involved

Our firm can help also request and organize medical records for a malpractice claim, including records from Atlanta-area hospitals and clinics. During an Atlanta medical negligence case review, we can also identify missing records and other evidence of delayed diagnosis that needs further attention.

Compensation After A Delayed Or Missed Diagnosis

When a claim is established, misdiagnosis compensation addresses losses caused by the negligent delay or error. It does not cover harm caused solely by the underlying illness.  Depending on the facts, delayed diagnosis damages may include:

• Past and future medical expenses
• Rehabilitation, in-home support or long-term care
• Lost wages and reduced future earning capacity
• Physical pain and suffering
• Emotional distress
• Disability, disfigurement or loss of function
• Wrongful death damages and related family losses when a loved one dies

The value of an Atlanta medical malpractice claim depends on the harm linked to the error and the evidence supporting each loss. Recovery is not guaranteed, and the available compensation varies with the facts of each case.

Help Prevent A Future Misdiagnosis

By bringing a personal injury lawsuit against a negligent doctor, physician, or hospital, you are not only protecting your right to compensation but also helping to prevent a future misdiagnosis from occurring down the line.

Your case could make a hospital institute new safety protocols and procedures that help to save lives further down the road. Unfit medical professionals could be required to obtain the proper training or even be let go if they are incapable of living up to the standard of care required in the medical community, thus preventing even more injuries.

In the end, your case could not only help you, but it may also help hundreds of other individuals. Allow our team to give your claim a full analysis. We will give you a straightforward assessment of your options.

We Offer Free Consultations

Medical malpractice is a serious issue that needs to be dealt with immediately. Contact us by calling (404) 795-6099 to speak with an Atlanta medical misdiagnosis lawyer regarding your misdiagnosis or fill out our convenient online form.