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What is an erroneous diagnosis?

Maybe you weren't getting better like you should have been or felt your treatment didn't adequately resolve your medical condition. Whatever the reason was, if you discovered a treatment was wrong for your illness, you may be in a position to make a claim.

A failed or erroneous treatment can be devastating to your body and emotionally draining. It's normal to trust your doctor and to think that he or she is doing the right things for your health, but if that has proven not to be the case, you could be suffering more now than you would have been with the right treatment plan. Sometimes, an erroneous treatment can even lead to life-threatening conditions as your body fights off the original concern and the mistaken medications or treatments.

Does the wrong treatment always injure the patient?

In most cases, when a diagnosis is wrong, there isn't much harm that comes to the patient. For instance, saying a rash is hives when it was a line of mosquito bites won't probably cause you any harm. If you have allergies but are diagnosed with a cold, that could be harmless, too, depending on the situation. However, in cases where something like cancer is diagnosed as benign when it's actually malignant, therein lies a serious problem. The patient's cancer could spread and even lead to an untimely death.

If a delay in treatment or the wrong treatment is given to a patient and the patient's disease progresses to an advanced stage that is less likely to be treatable, that patient has a right to pursue a medical malpractice claim against the doctor.

Source: FindLaw, "Failed/Erroneous Diagnosis and Treatment," accessed June 17, 2016

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