When a healthcare provider does not provide an accurate diagnosis for a medical condition, the consequences to the patient can be devastating. A diagnosis that is delayed or missed and a misdiagnosis cause worsening health, unnecessary treatment, and sometimes death. In these scenarios, the victims might have the ability to seek damages.
In a failure to diagnose a case, a victim can sue for many damages. These damages are designed to compensate the victim for their suffering and losses. Also, they are for any financial burden caused by the failure. The following are the types of damages a victim can claim in a failure to diagnose case.
1. Medical Expenses
In a failure to diagnose case, a victim can claim a variety of damages, especially when a healthcare provider fails to diagnose a serious medical condition. This covers all past, present, and future expenses for the diagnosis and treatment of the medical condition that was misdiagnosed or delayed.
For instance, in the event that a diagnosis error resulted in a patient receiving treatment that was unnecessary or incorrect, the victim may be able to claim the cost of that treatment and any extra required medical care to correct it.
If someone failed to diagnose your condition, and this led to your condition getting worse, you may also claim for more extensive treatment than what you would originally have had. This includes the cost of surgeries, medication, rehabilitation, and hospital stays.
2. Lost Wages
If a health care provider fails to diagnose a problem, the delay in treatment may result in a longer illness or injury, preventing the victim from working. Because of this, they could lose money or their ability to earn.
Victims can recover the income they would have earned had they received a correct and timely diagnosis.
3. Future Loss of Earnings
If the failure to diagnose causes disability, the victim may be compensated for future loss of earnings. If a victim can no longer work in the same job as before due to the error, they can claim for loss of earnings for the rest of their life or until retirement.
The victim’s future earnings could take a significant hit if the condition from the failure to diagnose is permanent or needs continuous medical care that prevents the victim from earning an income.
4. Pain and Suffering
A victim may recover damages for pain and suffering resulting from a failure to diagnose. In lots of failure to diagnose cases, patients suffer severe physical pain from the condition that worsens or endure needless treatments that cause harm.
5. Loss of Consortium
Loss of consortium refers to the victim’s loss of relationships as a result of your injuries. In particular, this refers to your spouse or partner. In a failure to diagnose case, the victim’s reduced quality of life can impact their capacity to engage in normal family or sexual lives. For instance, if a victim’s health is badly affected as a result of a misdiagnosis, it could put a strain on their marriage or family.
Takeaways
When pursuing a failure to diagnose case, the victim may be entitled to recover several types of damages. This is the summary of the essential kinds of damages that can be claimed.
- Medical expenses include all past, present, and future medical costs resulting from a misdiagnosis or delayed diagnosis.
- Lost earnings are the money the victim would have earned had the injury not occurred.
- If you have suffered physically and mentally because of a failure to diagnose your condition, you may be able to claim compensation for that pain and suffering.
A successful claim for failure to diagnose can ease your financial burden and hold negligent healthcare providers accountable for their mistakes.