Brain injuries are some of the most severe and life-altering injuries a person can experience. Whether caused by a traumatic event or by medical errors, brain injuries often require extensive treatment, rehabilitation, and long-term care. One of the most concerning issues in brain injury cases is the potential for a misdiagnosis, which can delay treatment and worsen the outcome for the patient.
In Phoenix, AZ, misdiagnosis is a common form of medical malpractice, and when it leads to a brain injury being improperly treated or undiagnosed, it can have devastating consequences. In this blog, we will explore how misdiagnosis can complicate brain injury lawsuits, the legal implications of misdiagnosis, and how a brain injury law firm or medical malpractice attorney can help victims pursue justice and compensation.
The Impact of Misdiagnosis on Brain Injury Cases
A misdiagnosis occurs when a healthcare provider fails to identify the correct condition or injury affecting a patient. In brain injury cases, misdiagnosis is particularly dangerous because it can delay the initiation of proper treatment, potentially allowing the injury to worsen. Here are a few ways in which a misdiagnosis can affect a brain injury lawsuit:
1. Delay in Proper Treatment
Brain injuries, such as concussions, traumatic brain injuries (TBI), and strokes, require immediate and appropriate medical intervention to minimize long-term damage. When a healthcare provider fails to properly diagnose the injury—such as attributing symptoms to a less serious condition—it can delay crucial treatment.
For example, a misdiagnosis lawyer might handle cases where a patient presents with symptoms like dizziness, confusion, or headache following a fall, and the doctor wrongly diagnoses it as a mild headache instead of a TBI. In such a scenario, the patient may not receive the necessary imaging (like an MRI or CT scan), and the brain injury goes untreated, leading to worsening cognitive or physical impairments.
2. Worsening of Brain Injury
If the proper diagnosis is not made, the brain injury can become more severe over time. For example, untreated bleeding in the brain (such as a subdural hematoma) can continue to worsen without medical intervention, potentially leading to permanent neurological damage, coma, or even death.
In these cases, a medical malpractice attorney can help prove that the failure to diagnose the injury correctly contributed to the worsening of the patient’s condition. The delayed treatment could serve as evidence of the hospital or doctor’s failure to provide the standard of care required in a timely manner.
3. Incorrect Treatment Methods
In some cases, a misdiagnosis can result in the administration of the wrong treatments or medications. For example, if a patient with a brain injury is misdiagnosed with a less severe condition, they may be prescribed medications or treatments that are inappropriate for the actual injury. This could aggravate the condition, delay recovery, and potentially cause additional harm to the patient.
In a brain injury lawsuit, this incorrect treatment could be a crucial point of contention. A misdiagnosis lawyer will examine medical records and expert testimony to show how the healthcare provider’s failure to diagnose the injury led to improper care and worsened the patient’s health.
Legal Considerations in Brain Injury Lawsuits Involving Misdiagnosis
When misdiagnosis leads to a brain injury, the legal implications can be complex. The core issue in these cases is establishing that the healthcare provider’s negligence directly caused or exacerbated the brain injury. Here’s how a medical malpractice attorney can help build a case:
1. Proving Medical Negligence
In a brain injury lawsuit, the first step is proving that the healthcare provider failed to meet the standard of care. This means showing that a reasonably competent doctor would have diagnosed the brain injury correctly, and the misdiagnosis was an error. To establish this, attorneys will typically rely on expert witnesses—medical professionals in the same field as the doctor who made the misdiagnosis—to testify about what should have been done.
For example, if a doctor missed signs of a stroke or brain injury, an expert might testify that the symptoms should have prompted the doctor to order an MRI or CT scan. The brain injury law firm representing the plaintiff would gather this evidence to show that the doctor’s failure to act appropriately caused harm.
2. Causation and Damages
Once negligence is established, the next challenge is proving that the misdiagnosis directly caused the worsening of the brain injury. This involves linking the delay in diagnosis to the patient’s increased suffering and long-term damage. The attorney will gather medical records, expert opinions, and other evidence to show that, had the brain injury been diagnosed and treated on time, the patient’s condition would not have worsened.
If the brain injury has led to permanent cognitive, motor, or psychological impairments, the lawsuit would also seek compensation for these long-term consequences. Damages in such a case can include medical costs, rehabilitation, lost income, and pain and suffering.
3. Filing the Lawsuit Within the Statute of Limitations
In Arizona, as in most states, there is a statute of limitations for filing a medical malpractice claim. Typically, a lawsuit must be filed within two years of the misdiagnosis or the discovery of the injury. Therefore, it is essential to act quickly after a misdiagnosis is identified, as delays in taking legal action can prevent the case from moving forward.
A doctor negligence lawyer will help victims understand the timelines for filing a lawsuit and ensure that all necessary steps are taken within the required time frame.
How a Brain Injury Law Firm Can Help
A brain injury law firm with experience in misdiagnosis cases can guide you through the legal process, gather evidence, and help ensure that your case is presented in the best possible light. Here’s how a trusted law firm like Snyder & Wenner, P.C. can assist you:
- Case Investigation: The law firm will thoroughly investigate the facts of your case, review medical records, and consult with experts to build a strong case.
- Expert Testimony: They will work with expert medical witnesses who can testify to the negligence involved and the direct link between the misdiagnosis and the worsening of the brain injury.
- Seeking Compensation: They will help you pursue financial compensation for medical bills, lost wages, and long-term care related to the injury.
Take Action Today – Contact Snyder & Wenner, P.C.
If you or a loved one has been affected by a misdiagnosis that led to a brain injury, don’t wait to take action. Snyder & Wenner, P.C., a trusted law firm, is here to help you understand your legal rights and pursue justice. Contact them today to schedule a consultation with an experienced medical malpractice attorney or brain injury law firm to discuss your case.
