Misdiagnosis Can Be Considered Malpractice in Virginia
Misdiagnosis cases happen all the time. Heart attacks, cancer, diabetes and other serious medical conditions frequently go undiagnosed or misdiagnosed. The New England Journal of Medicine found that one in 50 heart attack victims were sent home by emergency room doctors. So the question becomes – are misdiagnosis cases considered medical malpractice? The answer is – sometimes.
In a Virginia misdiagnosis case, you have to prove that the doctor was negligent and that it was carelessness, not just “something that can happen” in the normal course of practicing medicine. These cases can be difficult to prove because you have to show that the doctor’s actions violated the standard of care and resulted in damages.
In Virginia, there is a statute of limitation on when you can file a malpractice suit. You have two years from the date of the malpractice to file the claim, but the time may be longer if the doctor continued to treat you in follow up.
There is a cap on the amount of damages you can recover in a malpractice case. For any action after July 1, 2008, this cap is $2 million in total damages, which includes medical expenses, lost income, pain and suffering and other non-economic damages.
Read more about medical malpractice cases in Ben Glass’s book, The Ultimate Guide to Medical Malpractice Claims.