Can You Sue a Hospital for Diagnostic Errors?
When we are ill, we rely on the expertise of physicians, nurses, and other medical staff to help us feel better. It is up to a medical professional to adhere to the standards in their field when diagnosing and treating patients. Although you may have an unfavorable medical outcome, that does not automatically make the hospital or your treating provider liable. At Ginsberg & O’Connor, our Cherry Hill malpractice attorneys are prepared to guide you through the process and answer any questions you have along the way.
Examples of Diagnostic Errors
Healthcare professionals must use their clinical judgment to diagnose and treat conditions. A diagnostic error occurs when a physician or healthcare provider fails to promptly identify the problem. A diagnostic error could be a misdiagnosis or a delay in diagnosis. Common examples include:
- Misinterpreting laboratory tests or medical imaging
- Not ordering the correct tests to reach a diagnosis
- Taking an incomplete history
- Performing a rushed physical exam
- Overlooking symptoms of internal bleeding
- Misdiagnosing signs of a stroke or heart attack
Establish the Elements of Medical Negligence
A successful medical malpractice claim is based on proving the following elements of negligence (known as the “4 D’s”):
- Duty of care: Once a doctor-patient relationship is established, both the doctor and medical staff must adhere to a certain standard of care in treating a patient. This duty is based on what a physician or medical staff member with similar training, skills, and experience would do in a similar situation.
- Dereliction: A breach of duty that results from an act or omission.
- Direct cause: The patient sustains harm as a result of the doctor’s or hospital’s deviation from the expected standard of care.
- Damages: The patient suffers measurable losses due to the harm experienced. In medical malpractice cases, this often involves subsequent medical expenses, lost wages, diminished earning capacity, and pain and suffering.
Consult Our Misdiagnosis Malpractice Lawyers
Physicians and hospital staff have a responsibility to use extreme care when treating patients. While it may seem obvious that a provider or hospital failed to meet the acceptable standard of care, obtaining legal representation is essential. At Ginsberg & O’Connor, our Cherry Hill medical malpractice attorneys will take the following actions to determine if you have a valid claim:
- Examination of the facts, including what events preceded the diagnostic error, when the error occurred, and what actions the physician or hospital took afterward.
- Expert witnesses who can assess your medical records and the doctor’s actions to determine how your doctor’s actions caused your injuries.
- Review subsequent medical imaging, blood tests, and other medical records to determine to what extent your injuries impair your mobility and the ability to perform tasks.
- Consult with life-care planning experts to discuss what rehabilitative therapies and home assistance may be needed in the future.
- Look into prior disciplinary actions and other medical malpractice claims against your provider or medical institution.
You may not need to sue to recover adequate compensation. This is especially true when you hire counsel since the insurance company is more willing to settle to avoid going to trial and having to pay more on your claim. Of course, if the insurance company is unwilling to offer a fair settlement, our malpractice attorneys are prepared to take your case to court.
Determine if Punitive Damages Apply
If either your provider or hospital staff displayed egregious conduct, you may be eligible to recover punitive damages. The burden of proof is greater, requiring that you show by clear and convincing evidence that the defendant’s conduct was likely to cause the plaintiff harm. The clear and convincing evidence requires showing that the facts are highly probable. Relevant evidence to recover punitive damages may include a physician tampering with medical records or expert witness testimony highlighting how the provider’s actions showed a blatant disregard for the patient’s safety.
According to NJ Rev. Stat. § 2A:15-5.14, punitive damages are capped at five times the amount of compensatory damages, or $350,000, whichever is greater. Compensatory damages are actual losses, such as lost wages and medical expenses, as well as intangible losses, such as pain and suffering and emotional distress. This applies to all personal injury cases filed in the state, not just medical malpractice claims. If you believe that you may be entitled to punitive damages, you should speak with our legal team.
Injured? Contact Our Malpractice Attorneys in Cherry Hill Today
If you or someone you love has been injured due to a physician’s negligence, you need to act right away. At Ginsberg & O’Connor, we are devoted to protecting the rights of injured parties. To learn more, contact our office online or by calling (856) 727-1991 at your earliest opportunity. We offer free initial consultations.