Dallas Misdiagnosis Attorneys

Doctor holding the hands of her patient after a misdiagnosis

When you enter into a doctor-patient relationship with a medical professional, you have the right to expect a reasonable level of professional competence. One of the most critical services a physician can provide is to diagnose an illness or condition when they have sufficient information. Diagnosing a patient with an incorrect condition or failing to diagnose a condition that a reasonable doctor would have recognized can have dangerous consequences for the patient’s health, finances, and quality of life.

If you or a loved one has suffered harm due to a misdiagnosis, the experienced Dallas medical malpractice attorneys at Rochelle McCullough, LLP can help protect your rights. With us on your side, you can optimize your chances of receiving compensation for your medical expenses, lost income, pain and suffering, and other related losses. Our team has been serving clients with integrity and passion for over two decades, and we are ready to continue our successful track record with you. Contact us today for a free case evaluation to learn more about how we can help you.

What Is Misdiagnosis?

Misdiagnosis is a form of medical malpractice that occurs when a healthcare provider incorrectly diagnoses a patient’s condition or fails to diagnose a condition altogether. Misdiagnosis can happen when a doctor misinterprets a patient’s symptoms, fails to order the appropriate tests, or misreads the results of a test. In some cases, a misdiagnosis can lead to a delay in treatment or the wrong treatment being administered, which can have severe consequences for the patient’s health.

Several types of misdiagnosis can occur, including:

  • False positive — When a patient is diagnosed with a condition they do not actually have.
  • False negative — When a patient’s condition goes undiagnosed despite the presence of symptoms.
  • Delayed diagnosis — When a patient’s condition is eventually diagnosed correctly, but the diagnosis is delayed, leading to a worse outcome.
  • Incorrect diagnosis — When a patient is diagnosed with the wrong condition altogether.

What Are the Potential Consequences of a Misdiagnosis?

The consequences of misdiagnosis can be severe and far-reaching. Some of the potential effects include:

  • Delayed treatment — If a condition goes undiagnosed or is misdiagnosed, it can delay the patient’s receiving the proper treatment. This delay can cause the condition to worsen and become more challenging to treat. 
  • Incorrect treatment — If a patient is misdiagnosed with the wrong condition, they may receive treatment that is not appropriate for their actual condition. Improper treatment can be ineffective at best and harmful at worst.
  • Financial burden — Misdiagnosis can lead to unnecessary medical expenses for the patient, such as the cost of inappropriate treatments or additional testing.
  • Emotional distress — The experience of being misdiagnosed can be emotionally traumatic for the patient and their loved ones, leading to anxiety, depression, and other mental health issues.

What Compensation Is Available for Misdiagnosis in Texas?

Some of the types of damages that may be available in a medical malpractice claim include:

  • Medical expenses — This can include compensation for the cost of any unnecessary treatments or procedures and the cost of additional medical care needed to address the harm caused by the misdiagnosis.
  • Lost wages — If the misdiagnosis led to the patient missing work or losing their job, they may be able to recover compensation for their lost income.
  • Pain and suffering — Misdiagnosis can cause significant physical and emotional pain and suffering, which may be compensable in a malpractice claim.
  • Disability — If the misdiagnosis leads to a permanent disability, the patient may be entitled to compensation for reduced earning capacity and quality of life.

In Texas, the amount of non-economic damages, such as pain and suffering, a court can award in a medical malpractice case is limited. However, there is no cap on economic damages, such as medical expenses and lost wages.

How Can a Medical Malpractice Attorney Help?

Seeking the counsel of an experienced Texas medical malpractice lawyer is one of the most crucial steps you can take after receiving a misdiagnosis from a medical professional. A skilled attorney can help you by:

  • Listening compassionately to your story to determine the most appropriate path forward
  • Conducting a thorough investigation of the incident to determine why the malpractice occurred and who was responsible
  • Calculating the total value of your economic and non-economic losses 
  • Negotiating aggressively with the insurance company for a fair settlement
  • Taking the at-fault doctor or medical institution to court if their insurer refuses to offer the compensation you deserve

When you work with Rochelle McCullough, LLP, we will handle every aspect of your claim so you can focus on your physical and emotional recovery. We will keep you informed of significant developments in your case so that you can remain aware of your options and progress. 

What Is the Deadline for a Medical Malpractice Claim in Texas?

The Texas statute of limitations for medical malpractice stipulates that an individual must file a lawsuit within two years of the medical error or omission date. While other states might have provisions considering when the patient discovered a resulting injury or illness, Texas law focuses entirely on the actual date of the misdiagnosis. As such, if you do not file legal action within this two-year timeframe, you will likely become ineligible to recover the compensation you deserve.

Contacting a knowledgeable Dallas medical malpractice attorney as soon as possible can protect you from missing this crucial deadline. Furthermore, an early consultation with a lawyer can give them time to conduct their investigation before evidence disappears.

Contact The Medical Malpractice Attorneys at Rochelle McCullough, LLP

Living through the consequences of a harmful misdiagnosis can turn your life upside-down. You might feel like it is impossible to know who to trust or how to move forward. However, it is essential to remember that Texas has laws to protect you. Working with a compassionate and skilled medical malpractice attorney can help you understand your rights and chart a path forward.

The experienced legal team at Rochelle McCullough, LLP has the knowledge, experience, and resources to fight for the results you deserve. Our lawyers will aggressively seek the full and fair compensation you deserve under the law. Call us today or contact us online for a free consultation to learn more about how we can help you.

We extend our personal injury legal services to help clients throughout Texas, including Dallas, & Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.