How can I contest a misdiagnosis?
July 13, 2024 | 60,00 EUR | answered by Laura Vollmann
Dear Medical Law Attorney,
I am reaching out to you as I was recently confronted with a misdiagnosis and am unsure of how to proceed. My name is Jenny Rothwiller and I am 32 years old. Two months ago, I was referred to a gastroenterologist by my primary care physician due to persistent abdominal pain. After various examinations and an endoscopy, the gastroenterologist diagnosed me with gastritis.
I followed the medical instructions and took the prescribed medications, however, my condition did not improve. Upon the advice of a friend, I sought a second opinion from another doctor who, after further examinations, determined that my symptoms were actually due to a gallbladder infection.
This misdiagnosis not only led to a delay in receiving the correct treatment, but also resulted in additional costs and psychological stress. I am now wondering how I can address the misdiagnosis and if I have legal options to enforce my right to a correct diagnosis and treatment.
What are my options for taking action against the treating doctor and pursuing compensation claims? Should I first file a complaint with the Medical Board or directly contact a medical law attorney? I would be grateful for your support and guidance in this matter.
Sincerely, Jenny Rothwiller
Dear Mrs. Rothwiller,
Thank you for your trust and contacting me regarding your misdiagnosis and the related questions. I am sorry to hear that you have experienced additional burdens and costs due to the incorrect diagnosis by the treating doctor.
In your case, there is definitely the possibility to take legal action against the treating doctor and claim damages. A misdiagnosis can have serious consequences, and it is important that you assert your right to a correct diagnosis and treatment.
First of all, I recommend collecting all relevant documents and findings regarding the misdiagnosis and the subsequent correct diagnosis. This includes doctor's reports, invoices, medication plans, and any other relevant documents.
You basically have the option to file a complaint with the competent medical association. This may result in the treating doctor being held accountable and disciplinary measures being taken. However, a complaint to the medical association is often not sufficient to enforce claims for damages.
In your case, I recommend consulting a lawyer specializing in medical law directly. An experienced attorney can help you assess your claims, take legal action, and claim damages. The lawyer will analyze your situation, plan legal steps, and guide you through the entire process.
It is important that you do not hesitate to take legal action, as claims for damages may expire within a certain period. The sooner you act, the better your chances may be to enforce your right to appropriate compensation.
I am here to provide further advice and support. Please do not hesitate to contact me to arrange a consultation appointment.
Best regards,
Laura Vollmann
Attorney at Law specializing in Medical Law
