Medical Misdiagnosis Lawyer in Halifax

Helping Patients Harmed by Delayed or Missed Diagnoses

Halifax is home to the largest medical centres in Nova Scotia, operating the QEII Health Sciences Centre and is has many primary care and specialist practices. When you’re sick, you rely on medical professionals to be able to interpret your symptoms, order any appropriate tests, and present you with an accurate diagnosis. But when a doctor misdiagnoses a condition, it can lead to a delay in care and, as a result, potentially serious harm to the patient.

Depending on the circumstances, misdiagnosis can constitute medical negligence. If you believe your doctor didn’t provide the appropriate standard of care and you suffered harm as a result, contact the Halifax medical malpractice lawyers at McKiggan Hebert Lawyers. Call 902-706-2298 to schedule a consultation to discuss your case.

What Qualifies as Medical Misdiagnosis?

Medical misdiagnosis happens when a doctor or other health care professional fails to make the correct diagnosis for a patient. They may misdiagnose the condition or fail to make an appropriate diagnosis. For example, a doctor who diagnoses a patient’s cough as seasonal allergies when the patient actually has pneumonia would be an example of an incorrect diagnosis. Other serious conditions that can be misdiagnosed include cancer, strokes, and heart attacks. Infections and internal injuries may also be missed if the doctor doesn’t do appropriate testing.

When Does a Misdiagnosis Become a Medical Malpractice Claim?

Medical conditions can be complex, and it can take time for health care professionals to understand what’s behind your symptoms. It’s not uncommon for it to take multiple tests or doctor visits to reach an accurate diagnosis, especially for chronic conditions. For this reason, it’s important to understand when a missed or delayed diagnosis is a reasonable error and when it constitutes medical malpractice.

Doctors are human, and there is no way to accurately diagnose 100 per cent of conditions 100 per cent of the time in 100 per cent of patients. So, there is a reasonable level of error that is considered acceptable for healthcare professionals. For example, if the symptoms were nonspecific or could reasonably have been caused by more than one illness, the medical practitioner may still have provided the accepted standard of care, even if it later turned out that the initial diagnosis was incorrect.

For a misdiagnosis to rise to the level of medical negligence, you generally need to be able to show that the doctor ignored clear signs of another condition or didn’t conduct appropriate testing that would have been able to differentiate between the possible illnesses. In short, there needs to be evidence that the healthcare provider did not act as a reasonably competent doctor would have with the same information.

What Do You Have to Prove to Recover Compensation in a Medical Misdiagnosis Case?

Medical misdiagnosis cases and medical malpractice claims fall under personal injury law. To successfully win your case, you need to demonstrate four elements:

• The healthcare provider owed you a duty of care. This is automatically established through the doctor-patient relationship.
• The provider failed to meet the accepted standard of care. The standard of care can be different depending on the presentation of the illness or injury. For example, the standard care practice to accurately diagnose and treat a heart attack is different from what would be used to identify if a patient had internal injuries after a car accident.
• The breach in the standard of care caused the patient harm. There must be a direct relationship between the misdiagnosis and the patient’s harm. In general, medical malpractice victims need to be able to show that having the proper diagnosis early on in the process could have kept the illness from worsening and saved them from further medical treatment or physical or emotional harm.
• The patient must have suffered measurable harm. This is generally some physical injury or financial loss, but psychological harm and emotional distress can also apply.

Medical malpractice claims, including those involving delayed diagnoses, require compelling evidence. Most physicians in Canada are defended by the Canadian Medical Protective Association. The CMPA has a huge legal team of experienced lawyers across the country whose sole responsibility is to defend doctors accused of misconduct.

This means you need a strong legal team on your side who understands what these cases entail and how to ensure your rights and interests are represented. The team at McKiggan Hebert Lawyers is here to help you determine whether you were harmed by medical malpractice, such as a misdiagnosis or surgical error, and pursue legal action if so.

What Compensation May Be Available Through a Medical Malpractice Claim?

When a health care provider is negligent and causes a patient harm, they need to be held accountable for their actions. A medical malpractice lawsuit allows the patient to seek compensation for any related financial losses and general damages.

The bulk of the financial losses in a medical malpractice case is generally made up of missed income while the patient was recovering or an impact on their future earning potential. In some cases, the missed diagnosis may mean that the patient’s condition worsens, potentially requiring ongoing medical care and uncovered medical expenses related to rehabilitation, physiotherapy, medications, and even assistive devices for their home. Compensation can also be awarded for out-of-pocket costs related to travel expenses for treatment or any money you spent hiring people to help with your care or household responsibilities.

General damages for pain and suffering can also be part of a medical malpractice claim, and these are your nonfinancial damages. If a misdiagnosis led to a decrease in your quality of life, physical pain, or emotional distress, these are potentially compensable losses. These effects can be supported by medical records, personal statements, and other documentation. In Canada, there is a cap on how much you can receive for general damages in medical malpractice claims, and a lawyer can help you understand how this could affect the value of your claim.

Is There a Limitation Period for Taking Legal Action?

Medical malpractice cases generally need to be brought within two years of the date the issue was discovered or should have reasonably been discovered. However, there are exceptions for situations involving patients who are minors or those who are legally disabled.

It can be challenging to pinpoint exactly when the clock started because it’s not always clear when the injury is discovered, especially in cases involving medical misdiagnosis. It’s common for there to be a delay in realising that the initial diagnosis was wrong, and when it’s clear that the patient suffered harm as a result. Talking with a lawyer as soon as you’re aware that you were given the wrong diagnosis can ensure you know when the limitation period began and how long you have to take action.

Why Should You Work With a Halifax Medical Malpractice Lawyer?

Proving medical negligence requires a legal team that can interpret medical records, understand the standard of care, and find medical experts to support your claim. Working with an experienced medical malpractice lawyer ensures you know whether you have a viable claim and what to expect from the process as you move forward. When you’re going up against doctors and healthcare providers who are defended by the Canadian Medical Protective Association, it’s imperative to have a knowledgeable legal team who can ensure your case is as strong as it can be.

Our lawyers serve Halifax, Nova Scotia, and every Atlantic province. Take the first step by calling 902-706-2298 to schedule a consultation at McKiggan Hebert Lawyers.