Misdiagnosis

Medical Malpractice Attorneys Serving Residents of the Nashville Area
When a person is ill enough to consult a doctor, he or she expects that doctor to have the knowledge and skill needed to find out what is wrong in a timely fashion. If a physician fails to promptly and correctly diagnose a patient, severe and sometimes even fatal consequences may result. The medical malpractice lawyers at Martin Heller Potempa & Sheppard PLLC help people in Nashville and other communities across Tennessee pursue legal action against medical professionals whose negligence has harmed them. We assist individuals in seeking the compensation to which they may be entitled so that they can concentrate on recovering.

Take Legal Action against a Negligent Doctor after a Misdiagnosis
A failure to correctly diagnose or an improperly delayed diagnosis can lead to further complications or even additional conditions that could have been avoided if they had been discovered sooner. Misdiagnosis is one of the most common types of medical malpractice, and it may give rise to legal action against any of the health care providers involved. It may be considered malpractice if a condition is not diagnosed during a critical period when the disease is still curable or able to be contained, leading to further suffering, a shortened life expectancy, or sometimes the death of the patient.

A plaintiff pursuing a medical malpractice case based on a misdiagnosis must show the following elements:

  • A doctor-patient relationship existed when the misdiagnosis occurred;
  • The misdiagnosis constituted a breach in the professional standard of care, meaning it fell below the level of how a reasonably prudent doctor in the same specialty would act in similar circumstances; and
  • The plaintiff was hurt and incurred damages as a result of the breach.

In most situations, proving these elements requires detailed evidence in the form of medical experts, witnesses, and other documentation regarding standard patient care and history. Because of the intrinsic complexity of medical malpractice claims, consulting a knowledgeable attorney is often important in preparing for legal action.

If a victim of malpractice succeeds in holding a defendant liable, he or she often can receive compensation for medical costs, loss of wages or earning capacity, and pain and suffering. When a negligent misdiagnosis proves fatal, certain family members may file a wrongful death action to pursue damages for burial and funeral costs as well as loss of consortium and other damages arising from their relationship with the victim. In Tennessee, medical malpractice claims based on a misdiagnosis must be filed within one year of the date of the injury or when it was discovered, making timing vital to ensure that a victim’s legal rights are not lost.

Enlist a Nashville Lawyer to Seek Compensation for Your Injuries
If you have suffered further harm in the Nashville area due to an unreasonably delayed or inaccurate diagnosis, the injury attorneys at Martin Heller Potempa & Sheppard PLLC can assist you in determining your legal options and asserting your rights. We also represent people in Franklin, Bellevue, Brentwood, Hermitage, and other cities throughout Davidson and Williamson Counties in pursuing medical malpractice claims. You can call us at 615-800-7096 or contact us online to set up a consultation to discuss your options.