When you are ill and cannot pinpoint the reasons why, it is only logical that you attend to see a doctor. Because of the qualifications and experience of the doctor, you trust him or her to identify the cause of your symptoms and put you on the path to recovery. However, sometimes it does not always happen this way and a doctor can misdiagnose the cause of your sickness, causing your health to deteriorate dramatically.
While doctors are human and they make mistakes, they are held to a higher standard and should be able to assist their patients when they need it. If you are in a situation where a doctor misdiagnosed your illness and it made your situation worse, you should seek the assistance of an attorney and below are some ways they can help you.
1. Hire a lawyer
There are many personal injury and medical malpractice lawyers available in Canada and a large majority will say they can help you to pursue your misdiagnosis lawsuit. However, hiring one especially skilled in this area would be most beneficial in receiving the compensation you deserve. An experienced attorney will be able to review your case at an initial appointment and advise you on whether you have sufficient grounds to proceed with your lawsuit, if you need further information to support the accusation before moving forward, or if it should be dropped altogether.
2. Establish the proof
Under the umbrella of medical malpractice, three things need to be proven by a plaintiff. First, it must be established that a doctor-patient relationship existed. The plaintiff must then prove that the doctor was negligent in providing an acceptable standard of care. Finally, it must be proven that the negligence caused injury. An attorney is aware that these elements need to be proven in order to be successful and will work hard to do so.
3. Address the insurance companies…carefully
Even though doctors are typically covered by policies in the event they are accused of medical malpractice, insurance companies usually have a reputation for not offering fair compensation for victims and families. Aggressive tactics employed by these companies often result in victims receiving a monetary amount that does not come even close to covering costs. Communicating by yourself with an insurance company can lead to representatives attempting to skew things that you say to their advantage and they may try to use this against you.
An attorney is experienced in dealing with insurance companies and are familiar with the strategies they use. Acting as an advocate for you, the attorney can guarantee that your rights are protected and that the insurance company does not get away with avoiding their obligation to you.
4. Research for resources
A successful misdiagnosis lawsuit can entail having to secure the services of people who can attest to malpractice in your case. Chances are you have never been in a situation like this and therefore do not know who to turn to. Because they have experience in these types of cases, an attorney usually has contacts who can provide affidavits and testimony if needed that supports your lawsuit. Filing a misdiagnosis lawsuit can require you to pay many costs for things such as experts, investigators, and legal fees.
The good news is: many attorneys will work on a contingency basis, meaning you do not have to front any fees to them until a settlement is reached. Attorneys will also often pay for the services of anyone that would boost the chances of your case being successful such as for experts in fields relevant to your case. Most attorneys will charge reduced or no fees if you end up not receiving compensation.