Atlanta Misdiagnosis Lawyer

Dedicated Atlanta Misdiagnosis Lawyer

The misdiagnosis of an illness can lead to devastating consequences for a patient. Misdiagnosis does not always mean that the doctor failed to find a problem when there was something there. The Tolson Firm, LLC, has seen every type of misdiagnosis that can occur, so an Atlanta misdiagnosis attorney at our firm can handle your case.

If you have suffered because a medical provider misdiagnosed your condition, contact an Atlanta medical malpractice attorney today. Ms. Audrey Tolson, Esq., after nearly two decades of practicing law in Atlanta, founded our firm. Personally recruited by the famed Johnnie L. Cochran, Jr., she served for 12 years at The Cochran Firm before opening her own practice.

Why Choose The Tolson Firm, LLC, for Your Misdiagnosis Case?

When seeking justice for a misdiagnosis, it’s crucial to have a skilled and experienced attorney by your side. At The Tolson Firm, LLC, we are dedicated to advocating for the rights of our clients and pursuing the compensation they deserve. Here’s why you should choose us:

1. Extensive experience. Our team of attorneys has years of experience in handling misdiagnosis cases. We have a deep understanding of the legal complexities involved, so we know how to build a strong case on your behalf.
2. Personalized attention. We believe in providing personalized attention to every client. When you choose us, you can expect individualized care and support throughout the entire legal process.
3. Proven record. We have a strong record of success in obtaining favorable outcomes for our clients, and we can work tirelessly to pursue the fullest compensation available in your case.
4. Compassionate approach. Dealing with a misdiagnosis can be emotionally challenging. We understand the impact it can have on your life, so we can approach your case with empathy and compassion.
5. Strong advocacy. We are fierce advocates for our clients. We can aggressively assert your rights, negotiate with insurance companies, and, if necessary, take your case to court to pursue the compensation you deserve.

Don’t wait to seek justice for your misdiagnosis. Contact The Tolson Firm, LLC, today to schedule a consultation and discuss your case with our experienced attorneys.

What Is a Misdiagnosis?

A misdiagnosis involves an act or omission in diagnosing a patient. It can entail one or more of the following:

• Diagnosing you with a disease that you do not have. This can lead to expensive and unnecessary treatment that can actually harm you.
• Diagnosing the wrong ailment. This can cause you to endure unnecessary treatment that may not address the actual problem. Untreated, the real problem may get worse.
• Stating there is “nothing wrong” when there is factually something very wrong. This leads to no treatment, and the condition or illness worsens.

If this has happened to you or a loved one, it is a form of medical malpractice, sitting alongside the other examples of medical negligence in Georgia that can support a claim. You may have a case against the doctor or medical institution that misdiagnosed you.

What Causes Diagnostic Errors?

Many factors could cause a misdiagnosis to occur, and the fault does not always fall solely upon the doctor. Sometimes, patients decide not to share all the information they need to with their doctor, and they might conceal relevant facts that could help the doctor with their diagnosis. When a patient’s own conduct plays a part in the outcome, contributory negligence in medical malpractice cases can affect what they are able to recover.

Other times, there are language barriers between doctors and patients, or there is a miscommunication that transpires. The doctor could also be inexperienced, making it very difficult for them to recognize the signs and symptoms of your condition.

The malfunctioning of medical equipment could also be a factor. For example, if an MRI machine or any other piece of equipment overlooks the condition and nothing comes up in the test results, the doctor would not know any better.

Lastly, there are times when diseases manifest themselves in strange ways, making it so the signs and symptoms do not match up with regular cases. Doctors do not always realize right away what condition they are dealing with, and it may take a while to figure out that you have a rare or atypical case.

How to File a Misdiagnosis Claim in Atlanta

The filing of a misdiagnosis claim usually starts with the question of whether the patient’s outcome was caused by medical negligence or an unavoidable diagnostic challenge. Doctors are not required to correctly diagnose every condition right away. Medical malpractice does not always result from an incorrect diagnosis.

Instead, the central issues are whether:

• The healthcare provider’s conduct satisfied the professional standard of care.
• Any deviation from that standard caused the patient additional harm.

Several common steps are involved in pursuing a Georgia misdiagnosis claim.

Getting and Reviewing Medical Records

These medical records can lay out the patient’s symptoms, examinations, testing, diagnoses, treatment, and subsequent care in chronological order. They may exist in the form of multiple records if the patient sought care more than once before getting the correct diagnosis.

For instance, a patient could have first visited their primary care doctor. Later, they may have undergone testing at a hospital and seen a doctor who focuses on that condition. Records from each provider can be compared to confirm which symptoms were reported, what diagnostic possibilities were considered, which tests were ordered, and how the patient’s illness or injury progressed.

Atlanta patients may receive treatment from Grady Memorial Hospital, Emory University Hospital, Piedmont Atlanta Hospital, or another local facility. Misdiagnosis could occur at any hospital or medical facility if the evidence shows that the elements of medical malpractice were present.

Having the Case Reviewed by a Qualified Medical Professional

Georgia has an extra filing requirement for professional malpractice claims. O.C.G.A. § 9-11-9.1 generally requires plaintiffs to file an affidavit from a professional along with the complaint. The professional should identify at least one negligent act or omission and describe the factual basis for the allegation. Essentially, most potential misdiagnosis cases need a medical review before filing a claim.

Which professional you’ll need hinges on the specific medical problems involved. One doctor may review the specifics of a case involving a delayed cancer diagnosis, for example, while another could address a failure to diagnose stroke or heart-related symptoms.

File the Medical Malpractice Claim

After the medical evidence has been reviewed and the professional affidavit prepared, the complaint can be filed with the proper court. The complaint can name the defendants, explain the basis for the allegations of negligence, and state the damages being sought by the patient.

The location where a case is heard is determined by the parties involved and other relevant case details. Assuming that a medical malpractice claim is properly venued in Fulton County, it may be heard by the Superior Court of Fulton County at the Lewis R. Slaton Courthouse, 136 Pryor Street SW, Atlanta, GA 30303. That courthouse is located in Downtown Atlanta near I-20 and the I-75/ I-85 Downtown Connector.

There are also deadlines for filing medical malpractice claims in Georgia. O.C.G.A. § 9-3-71 states that a medical malpractice action must generally be filed within two years of when the injury or death caused by the doctor’s negligence, wrongful act, or omission occurred. There is also a five-year statute of repose that generally applies. Different rules can extend or reduce these deadlines, so the Georgia medical malpractice statute of limitations must be reviewed in light of the case-specific facts.

How Negligence Is Proven in a Misdiagnosis Case

Demonstrating that a diagnostic error occurred is only an initial step in a malpractice case. Patients must also establish that the healthcare provider breached the professional standard of care and caused a compensable injury.

By law, any person practicing medicine or another regulated profession must use a reasonable degree of care and skill. Georgia operates under the assumption that medical care meets the required standards, thus placing the burden on plaintiffs to provide evidence that disproves it.

Typically, a misdiagnosis claim would analyze whether a reasonably careful provider in similar circumstances would have: 

• Recognized certain symptoms.
• Ordered further testing.
• Referred the patient to a specific doctor.
• Correctly interpreted the available information.
• Considered an alternate diagnosis.

Note that the applicable standard of care is not based solely on the fact that another doctor later identified the correct condition. Given that medical issues can appear in unconventional ways, pinpointing some diseases in the early stages is often quite challenging. Instead, the evidence must show that the defendant’s evaluation, testing, and diagnosis did not meet the professional standard of care.

Causation is also crucial to these cases. Even if there was a diagnostic mistake, the patient needs to connect that failure to the harm they are claiming. Medical evidence may also be needed to show that an earlier diagnosis would have led to different treatments, prevented the disease from progressing, or otherwise altered the patient’s ultimate prognosis.

Evidence and Professional Testimony

Misdiagnosis claims often raise questions that ordinary people cannot answer without additional information. A professional witness might be called upon to:

• Clarify the accepted standard of care.
• Detail the alleged breach of that standard by the defendant.
• Offer an opinion on whether that breach led to the injury.

Diagnostic testing can provide evidence as well. Medical records in these cases might include: 

• Lab work
• X-rays
• CT scans
• MRIs
• Pathology reports
• Biopsy results
• Cardiac testing

The timing of events can also have a role. Medical records may be used to show:

• When the symptoms began
• When the patient initially sought care
• What information providers knew at the time
• When diagnostic tests were completed
• When the proper diagnosis was first established

That timeline could determine whether an unreasonable delay occurred and how it impacted the patient.

In most situations, demonstrating the extent of your losses may also be required. Patients may have incurred medical bills, prescription costs, rehabilitation expenses, or lost income if they required additional treatment due to a delayed or missed diagnosis. Serious diagnostic errors can cause permanent injuries, lost earning capacity, pain and suffering, or the need for future care.

According to research published in BMJ Quality & Safety, diagnostic errors result in over 795,000 fatalities and lifelong disability among U.S. patients annually. According to a Johns Hopkins-led study, diagnostic errors cause approximately 371,000 deaths and 424,000 lasting impairments each year.

Hire a Misdiagnosis Attorney

If you have been injured as a result of a doctor’s misdiagnosis, then you may have a medical malpractice case. Hire a misdiagnosis attorney today. Proving negligence and malpractice is not easy, which is why you need the representation of a misdiagnosis attorney from The Tolson Firm, LLC. As the plaintiff in a misdiagnosis malpractice case, you have a certain burden of proof to fulfill before you can prove your case.

There are three different elements that you, as the patient, must prove to successfully validate your malpractice claim:

1. A doctor-patient relationship did exist.
2. The doctor did not provide the necessary treatment in a proficient manner.
3. The doctor’s carelessness or negligence ended up causing you injury or harm.

Our firm understands the difficulties and frustrations that you must be facing, and we can help you through this difficult time. We understand the burden of proof required in medical malpractice cases, and we know what it takes to successfully recover compensation for a claim.

FAQs

What Damages Can I Recover in a Misdiagnosis Case?

If you have been misdiagnosed, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other damages. The specific damages you can recover depend on the circumstances of your case. Typically, the more severe your case is, the more compensation you can seek. For example, suffering life-changing, permanent injuries will typically yield more compensation than those that are temporary.

How Common Is Misdiagnosis?

Misdiagnosis is more common than you might think. Studies have shown that it occurs in a significant number of medical cases, with serious consequences for patients. When misdiagnosis happens, a patient can file a claim for the damages they suffered as a result of it. A misdiagnosis lawyer in Atlanta can file your claim and pursue compensation.

What Are the Consequences of Misdiagnosis?

Misdiagnosis can lead to delayed or incorrect treatment, worsening of the actual condition, unnecessary medical procedures, and increased medical costs. However, if misdiagnosis occurred due to the negligence of your medical professional, you should not have to handle the aftermath alone. You could file a claim to recover compensation from the at-fault party.

What Should I Do After a Misdiagnosis?

If you were misdiagnosed, seek medical attention for any injuries you suffered as a result. It is okay if you seek a second opinion outside your normal medical care provider, particularly if they are the one who misdiagnosed you. Keep a record of all communications, bills, and even any paperwork related to your misdiagnosis. Hire a lawyer to seek legal action.

Protecting You Now and in the Future

Misdiagnosis can rapidly make a bad situation much worse. It can tragically lead to the wrongful death of a loved one. For instance, brain injuries may not show obvious symptoms at first.

A lazy doctor may not take the care or use the tests available to make sure that there is no problem. Misdiagnosing cancer can create much havoc in a person’s life. Unnecessary chemotherapy treatments can make one quite ill. Missing clear signs of cancer can be deadly to the patient. Medication errors, such as over-prescribing dangerous antidepressants, can lead to suicide.

The Tolson Firm, LLC, advocates for the rights of those who have been harmed by the misdiagnosis of incompetent or unethical medical personnel. If you or a loved one has been harmed by the misdiagnosis of a doctor or hospital, contact an Atlanta misdiagnosis lawyer at our firm today. We can provide you with an evaluation, advise you of your rights, and inform you about our state’s misdiagnosis laws.