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A misdiagnosis of multiple sclerosis can inflict more pain onto someone who is already suffering difficult symptoms. You might be more confused than ever about the cause of your original condition, but you know that your doctor has caused you even more harm by diagnosing you with a disease you did not have.
The doctor who misdiagnosed you likely did not mean to hurt you and wanted to help you with your condition, but the doctor must still be held liable if he or she acted negligently and committed medical malpractice. You should not have to pay for their mistakes.
If you or a loved one has been misdiagnosed with multiple sclerosis, a medical malpractice lawyer at Zinda Law Group may be able to help. Call (800) 863-5312 and receive a free case evaluation from a multiple sclerosis medical injury lawyer today.
What is multiple sclerosis?
Multiple sclerosis, sometimes simply referred to as MS, is a disease that affects the brain and spinal cord. The immune system fights against the protective cover of the nerve fibers and stops the brain from communicating properly with the rest of the body. Over time, multiple sclerosis may cause permanent nerve damage or deterioration. The definitive cause of multiple sclerosis is unknown, but a combination of environmental factors and genetics appears to be the reason that some people contract multiple sclerosis and others do not. There is no cure for multiple sclerosis, but it can be treated to mitigate symptoms and quicken recovery when the nerves suffer an attack.
Symptoms of Multiple Sclerosis
The symptoms of multiple sclerosis vary immensely as does the progression of the disease. With such a wide range of symptoms, it can be difficult to diagnose. MS symptoms include:
- electrical sensations
- lack of coordination
- partial or complete vision loss
- double vision
- blurry vision
- slurred speech
- bowel and bladder problems
misdiagnosed multiple sclerosis FAQs
Typically, an MS patient suffers from the side effects of treatment for a disease that they did not have. Most feel betrayed and confused when they learn they were misdiagnosed, that they must now treat the injuries they received from the wrong treatment, and they still do not know the cause of their original symptoms.
You may have been left with many unanswered questions after your misdiagnosis. These FAQs may help. If after reading them you still have questions about what happened to you, do not hesitate to reach out to a medical malpractice lawyer.
How Can Multiple Sclerosis Be Misdiagnosed?
Doctors are eager to assist and treat patients who suffer from symptoms that are often associated with multiple sclerosis. However, the correct diagnoses for those symptoms may be migraine, fibromyalgia, stroke, and vitamin B12 deficiency rather than MS. The many symptoms of multiple sclerosis vary from patient to patient and can also indicate many other conditions; the complexity of the disease contributes to the frequency of misdiagnoses of multiple sclerosis.
What Happens After a Multiple Sclerosis Misdiagnosis?
You have options after a misdiagnosis. Depending on how long you have been misdiagnosed and on the extent of your injuries, you could choose not to pursue a claim against your doctor. However, if you have suffered extensively from the side effects of the multiple sclerosis treatment, you may want to hire a medical malpractice lawyer to help you get compensated.
How Common Is It to Be Misdiagnosed with Multiple Sclerosis?
A 2019 study by UCLA and the University of Vermont in Burlington shows that as many as 1 in 5 people who are diagnosed with multiple sclerosis may have been misdiagnosed. Other studies have yielded similar statistics.
Can I Sue If My Multiple Sclerosis was Misdiagnosed?
Whether you can successfully sue your doctor for your misdiagnosed multiple sclerosis depends on whether you can show that your doctor committed medical malpractice, or medical negligence.
Introduction to Medical negligence
Doctors commit malpractice when they engage in some form of medical negligence. Misdiagnosis is just one of the common forms of medical malpractice. If you wish to pursue your claim of medical malpractice but are unfamiliar with the legal process and all its subtleties, find an experienced medical negligence lawyer.
In order for a malpractice case to be proven, four conditions must be met:
1. The doctor had a duty to provide you with a particular standard of care.
2. The doctor’s actions constituted a breach of that duty of care.
3. You sustained an injury for which the law provides recovery.
4. The doctor’s breach of duty caused your injury.
Consult a medical malpractice lawyer to evaluate the strength of your case. Because they have seen many similar cases, they can more quickly determine whether the four conditions have been met in your case.
What is my doctor’s Duty of care?
Your doctor must provide you with the adequate standard of care. This means that your doctor must have followed the procedures and guidelines in a way that coincides with the average practices of similar procedures in the area. If your doctor did not meet the standards of the average qualified practitioner in his or her area of expertise, then he or she may be able to be held liable for malpractice.
Many doctors who diagnose multiple sclerosis rely on MRIs. There are common practices for how doctors interpret an MRI. Unfortunately, many doctors misinterpret MRIs, leading to high percentage of misdiagnoses; this is one way doctors can fail to meet the standard of care they owe patients when it comes to properly diagnosing diseases.
To prove the standard of care that your doctor owed you, you will need to find an expert witness to testify to the steps the average physician takes to diagnose multiple sclerosis. The physician you choose to be an expert witness should practice in an area geographically near where your doctor practices. Zinda Law group medical malpractice attorneys near you know where and how to find reputable expert witnesses who are willing to testify in court.
How will i know if my doctor breached the duty of care?
First of all, you might be able to use a copy of your MRI scans to show that your doctor was hasty and negligent in diagnosing you; an expert witness can testify to how your doctor incorrectly interpreted your MRI. Secondly, your doctor may have failed to make you aware of the risks of the treatment you took for multiple sclerosis. In that case, your doctor would have failed to obtain your informed consent.
Both of these potential cases likely constitute a breach sufficient to meet this element in medical malpractice litigation. There are plenty of other ways that a doctor can breach his or her duty of care, and you should discuss your case with a personal injury attorney to ensure that you can meet this element before you pursue your claim.
Do I have a Compensable Injury?
To meet the final two elements of your medical malpractice claim, you must prove that you can be compensated for your injury and that your doctor’s malpractice caused your injury. If you have kept a record of your treatment and the injuries that you received from the side effects of the treatment, then you have plenty of evidence to show that you should be compensated.
As a victim of a personal injury, you will likely be entitled to economic damages to cover your bills for treatment and missed wages. You may also be eligible for noneconomic damages to cover your pain and suffering.
Call Zinda Law Group’s medical malpractice lawyers today.
You should not miss out on recovery for your injuries that another person caused. Our skilled multiple sclerosis disease medical injury attorneys can help you achieve your goals of getting compensated. If you or a loved one has been misdiagnosed with this disease and subsequently been injured, call the Zinda Law Group medical malpractice attorneys at (800) 863-5312 and schedule your free consultation. Ask about our No Win, No Fee Guarantee that ensures that you do not pay us unless we win your case for you.
Meetings with attorneys are available by appointment only.