However, it isn't always the other driver in an auto accident that the claim is filed against. It can also be the doctor who failed to correctly diagnose the injuries following an accident.
If injuries following an accident are misdiagnosed, the injured might not receive proper medical care, and this can lead to their injuries worsening over time. They may end up requiring more invasive procedures to fix the damage, and even the most minor of issues that are left unchecked can quickly become severe and life-threatening.
A misdiagnosis most commonly occurs if the injured party has a rare disease or a disease that may present itself atypically. Heart attacks, for example, can manifest differently among men and women. Women don't always have the classic chest pain symptom, and others may describe the pain as something more similar to heartburn or indigestion.
Fibromyalgia is another condition that has non-specific symptoms like muscle pain, fatigue, anxiety, and insomnia. It is often mistaken for other conditions such as arthritis. So if the patient has a more complicated health history, it may be more likely that the doctor will misdiagnose their problems following an accident.
Legal Injuries as a Result of a Misdiagnosis
A decreased life expectancy is considered a compensable injury. It is also important to remember that your doctors depend on diagnostic data from other specialists in the field to provide them with a more accurate picture of your health. That’s why they may not be responsible for a misdiagnosis if they were given wrong or inadequate information.
Following a Misdiagnosis
If you are faced with a misdiagnosis, the first thing you need to do is to seek treatment for your injuries, and this should be done as soon as possible. Seek out a second opinion if necessary.
Next, you should consult with a qualified personal injury attorney regarding your case to make sure that you receive all the compensation you are entitled to as a result of the auto accident and the damage caused by the misdiagnosis.
The attorney can walk you through the process and help you identify what kind of documents and evidence you will need to prove your case. These can include doctor's notes, x-rays, medical records, and consultation reports. Keep all the documentation you receive until after the claim has been filed and the case has been resolved.
After being injured and misdiagnosed, it may be painful and financially crippling to live without fair compensation. Some more serious injuries may not even present themselves until weeks or sometimes even months after the accident happened.
Post-traumatic stress after the accident may also develop, and this will require counseling. So, as you can see, even being diagnosed with a seemingly small problem or not taking the time to check everything can result in more problems for the injured party.
Before closing out the case or settling for less, make sure to discuss your options with an experienced personal injury attorney and hold on to all the documentation that will help prove your case..