Written by attorney Christopher Michael Mellino

Wrong Medical Diagnosis: Suing for Emotional Stress

Injured after receiving a wrong medical diagnosis? Suing for emotional stress may be an option for you. You could be entitled to damages that address financial, physical and emotional losses. For help understanding the available legal options, contact a medical malpractice lawyer in Cleveland.

Suing for Emotional Stress after Receiving a Wrong Medical Diagnosis

Receiving a wrong diagnosis can cause serious physical harm, but it also can result in emotional injuriesThis is especially true if you were unnecessarily treated (such as receiving radiation) or your true condition became worse as a result of not receiving the correct treatment.

The amount of available compensation for emotional stress depends on the severity of the situation. For instance, let’s say you experienced a heart attack but were incorrectly diagnosed with heartburn.

As a result, you sustained significant heart damage, which likely would lead to more compensation than mixing up a diagnosis of bronchitis and asthma, for example. Suing for emotional stress for heart damage is a valid outcome in this case, rather than with a misdiagnosis of bronchitis.

For a wrong medical diagnosis to result in damages for emotional stress, you and your medical malpractice lawyer in Cleveland will need to prove a few things. The first is that the actions of the healthcare provider were negligent.

Using the previous example, symptoms of a heart attack sometimes can mimic other conditions. But if the physician failed to rule out a heart attack first when another doctor under similar circumstances would have, this could be considered negligence.

Dismissing symptoms or failing to administer the proper tests are some of the ways that a wrong diagnosis can be given. These are negligent actions for which a medical malpractice lawyer in Cleveland can file a claim.

You also will need to prove that you suffered emotional stress. Being upset about it is one thing, but developing depression or anxiety because of an act of negligence that causes injury is another.

It will be important to connect your emotional distress to the negligent actions of the healthcare provider. Finally, the emotional distress must be a result of the physical injuries suffered, and it must be significant enough to warrant seeking compensation.

Types of Wrong Medical Diagnosis

Anytime an incorrect diagnosis is given, it can be stressful to a patient. Certain wrongly diagnosed conditions are more likely to cause serious or fatal injuries. Suing for emotional stress is a valid action once this happens.

Example of wrong diagnoses that could be severe include cancer, diabetes, meningitis, appendicitis, stroke and blood clots. Without recognizing these health problems, a patient could go without the proper form of treatment. This could lead to complications or a condition unnecessarily worsening.

Compensation Stemming from a Wrong Medical Diagnosis

This type of negligence could lead to compensation for medical expenses. This may include the current ones you have incurred and future ones, as long as it is related to being given an incorrect diagnosis.

Your medical malpractice lawyer in Cleveland can recover lost income as well. If you are unable to work for a period of time or are permanently disabled because of the misdiagnosis, your earnings may be included in a claim.

In addition to emotional distress, other losses, such as pain and suffering and reduced quality of life may be included. The best way to learn what legal options are available is to contact a medical malpractice lawyer in Cleveland. Don’t delay seeking legal counsel when you have been the victim of a wrong medical diagnosis and are suing for emotional stress.

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