Misdiagnosis Lawsuit: Five Things You Should Know to Protect Your Rights

By VSCP LAW

If you suspect that a medical misdiagnosis lawsuit (where a healthcare professional gave you an inaccurate diagnosis) resulted in your injuries, here are five things you should know to protect your rights.

STATUTE OF LIMITATIONS

The statute of limitations is a law that sets the maximum amount of time you can wait before filing a misdiagnosis lawsuit. If you don’t file your lawsuit within the time frame provided by the statute of limitations, you lose your right to file the lawsuit at all. Statutes of limitations vary state by state. The rules in Pennsylvania are that you have two years to file a medical malpractice or medical misdiagnosis lawsuit. This means that you have two years after you knew or should have known that your injury was caused by your doctor or healthcare provider when they misdiagnosed you. Again, so that you don’t lose your right to file a lawsuit, it’s imperative to file your lawsuit within the statute of limitations. In order to get the timing right, you must contact a lawyer, which brings us to the next important step:

CALL A MISDIAGNOSIS LAWSUIT (as soon as possible)

It’s hard to know whether you were misdiagnosed and whether a misdiagnosis caused your injuries. This is where a medical misdiagnosis lawyer comes in. And, as mentioned, you need to make sure that you file your misdiagnosis lawsuit before your right to do so runs out. Thus, calling a lawyer is one of the first things you should do once you suspect your injury may have been caused by a misdiagnosis.

COLLECT AND PRESERVE EVIDENCE 

It’s important that you maintain a detailed record of all medical reports, diagnoses, treatments, and conversations with healthcare professionals that occurred before, during, and after your misdiagnosis. This is another reason the previous step (“call a lawyer”) is so essential: your misdiagnosis lawyer can, as mentioned above, tell you what evidence is necessary and will review and digest all of the necessary information because it is essential to your misdiagnosis lawsuit.

FIND THE MISDIAGNOSIS LAWSUIT

In order to file a successful medical misdiagnosis lawsuit, you need a medical expert who practices the same field of medicine as the healthcare professional who harmed you. Thus, if your cardiologist misdiagnosed you, your misdiagnosis lawyer will find an expert cardiologist to review your medical records and support your misdiagnosis lawsuit.

FILE THE COMPLAINT AND CERTIFICATE OF MERIT

Assuming the expert described above agrees that you were misdiagnosed and that the misdiagnosis caused your injuries, the expert will prepare a Certificate of Merit. Your misdiagnosis attorney can then file a Complaint along with the Certificate of Merit in the court, which will be the beginning.

To discuss a potential medical misdiagnosis lawsuit, contact the experienced medical misdiagnosis lawyers at VSCP Law.

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