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Dealing with Lyme disease is very difficult and, unfortunately, an all too common experience, as evidenced by the estimated 476,000 cases that are diagnosed each year in the United States. It is even more difficult, however, if you are dealing with a case of misdiagnosed Lyme disease. Lyme disease requires treatment with the appropriate antibiotics early on to prevent it from worsening, so misdiagnosed Lyme disease may mean that a victim doesn’t receive the immediate care they need.
In this situation, a medical malpractice attorney can help you seek compensation. Call (800) 863-5312 and schedule a meeting with one of Zinda Law Group’s experienced personal injury lawyers; we offer a free case evaluation, and you’ll learn whether your symptoms may represent a case that warrants filing a medical malpractice claim in your state.
What is lyme disease?
Lyme disease, though it might seem to some to be an exotic malady, is actually the most common vector-borne disease in the United States; a vector-borne disease refers to a disease that passes from a “vector,” such as a mosquito, tick, or other bloodsucking insect, to a human. Typically, Lyme disease is passed to humans through bites from infected ticks. Instances of Lyme disease are heavily concentrated in the Northeast part of the country, but they can occur anywhere.
People who have contracted Lyme disease will often suffer through a number of symptoms, which may include fever, chills, headache, aches, and swollen lymph nodes. Perhaps the most distinctive symptom, however, is a rash that occurs in 70 to 80 percent of infected people, and the distinctive characteristics of this type of rash can be found here. If you think you or someone you love are experiencing these symptoms and may have contracted this disease, get medical attention promptly, followed closely by a discussion with a qualified medical negligence lawyer.
Lyme disease misdiagnosis
For those of us who don’t have a medical degree, we need to rely on information from our doctor or other medical professionals to make decisions for our health and the health of our family. However, doctors sometimes make mistakes. In the case of Lyme disease, if a doctor who is making a diagnosis is not on top of their game or doesn’t have a thorough understanding of how Lyme disease tests operate, then a misdiagnosis can occur.
With Lyme disease, it typically takes a few weeks for the body to begin developing antibodies, so a test performed too early could yield a negative test even if the victim actually has been infected. Misdiagnosis can be extremely dangerous because Lyme disease requires swift action to restore those who have contracted it back to full health. If you or a loved one is dealing with a case of misdiagnosed Lyme disease, make sure to speak with a medical malpractice lawyer as soon as possible.
Can i sue if my lyme disease was misdiagnosed?
Unfortunately, there is no easy, one-size-fits-all answer to the question of whether you may be able to sue and recover for misdiagnosed Lyme disease. The best person to answer that question is an experienced Lyme disease medical malpractice lawyer in your area. Ultimately, the question will hinge on whether the actions of your doctor constitute medical malpractice.
Medical negligence, or medical malpractice, is essentially any action or failure to act by a doctor during treatment of a patient that deviates from the accepted standards of the medical community and causes an injury to the patient. So, in order to prove that your doctor acted negligently and that you are entitled to damages, you and your Lyme disease medical injury attorney must first establish what the accepted practices are in the medical community for Lyme disease diagnosis; this will typically involve enlisting the help of a medical expert. Next, you must be able to show that the doctor’s actions in your situation didn’t measure up to the expectations of a competent medical professional.
What happens after a lyme disease misdiagnosis?
After dealing with a case of misdiagnosed Lyme disease, many victims find themselves not knowing what they should do next. There is no perfect answer, but knowing a few key steps can provide some relief.
1. Seek Medical Attention
Once you know the true state of your medical condition, get medical attention for it as soon as possible. Lyme disease that has been left undiagnosed can be very dangerous and lead to lots of long-term complications for victims. In addition, opposing lawyers or doctors may make the argument that your injuries were caused by something unrelated, in an attempt to minimize the amount that they are forced to pay out in damages. Going to a doctor soon after symptoms appear helps to create a paper trail and mitigate against this type of argument.
2. Document Your Injuries
When it comes to a personal injury claim, in particular a medical malpractice claim, it is always better to have more information than not enough. Once your physical health is under control, go back and collect as many of your medical records as you can find. In addition, take pictures of any potential injuries and note what your symptoms have been while they are fresh in your head.
3. Contact a Injury Attorney
As soon as you possibly can, contact an experienced medical malpractice lawyer in your area. Initially, a medical malpractice lawyer may be able to help you by evaluating the facts of your case during an initial consultation and providing advice on whether or not your claim is worth moving forward on. From there, a good lawyer who has the resources and who has handled medical negligence cases before can help by securing expert witnesses, collecting the proper medical records, and generally developing a negotiation strategy that emphasizes the strong points of your case while minimizing any weak points that it might have.
Misdiagnosed lyme disease faqs
Many people who suffer with misdiagnosed lyme disease usually have a lot of questions. Here are the most common questions medical malpractice lawyers receive:
What is My Case Worth?
You may be entitled to both economic and non-economic damages. Economic damages are tangible, objectively verifiable losses that a victim experiences as a result of their injuries, such as medical bills and lost wages from being unable to work.
Non-economic damages refer to the pain and suffering experienced by a victim. These damages are not tied to objective measurements like economic damages, but the general rule is that the worse the pain and suffering is, the higher the amount might be. A medical malpractice lawyer can give you a better idea of what this is.
How Long Do I Have to File a Claim?
This issue is governed by the statute of limitations in the state in which your incident occurred; the statute of limitations is the legal term for how long a victim has from the date of the incident that caused their injuries to file a claim or else risk their otherwise valid claim being dismissed for a lack of timeliness. The statute of limitations is set by state law, so the statute of limitations that applies to your case will depend on the state in which the incident occurred. There may be certain exceptions to the statute of limitations that apply in certain situations, but it is generally advisable that you speak with a medical malpractice lawyer as soon as you can to make sure that your otherwise valid claim isn’t dismissed for a procedural reason.
How Much Will a Lawyer Cost?
When people think of lawyers, they might immediately think of large retainers and astronomical hourly fees. To be sure, there are some lawyers out there who might cost an arm and a leg. However, there are also medical malpractice lawyers who work solely on contingency fees, which is likely the right set-up for you and your family after misdiagnosed Lyme disease.
With contingency fees, you don’t pay a flat rate or hourly fees; rather, you pay an agreed-upon percentage of whatever your recovery is at the end of the case. This ensures that you don’t end up owing any money you don’t have. At Zinda Law Group, we don’t charge you anything up front, and you won’t pay us anything until we win your case for you; that’s our No Win, No Fee Guarantee.
Call zinda law group today at (800) 863-5312 for a 100% free consultation
The physical, mental, and emotional toll that Lyme disease takes on its victims can be overwhelming. When it is misdiagnosed, this only multiplies the stressors involved. It is important to remember that you and your family do not need to go through this difficult time alone.
The lawyers at Zinda Law Group have the skills, resources, and expertise to help you. We offer a free case review, so you have nothing to lose by giving us a call. One of the most critical decisions a medical negligence victim can make after their incident is choosing the right lawyer, so begin the process now.
Meetings with attorneys are available by appointment only.