Modern advances in medicine and genetic research have introduced a wave of new diagnostic techniques and tests to determine the factors that cause certain health conditions. While genetic testing provides valuable insight to help physicians better understand how to treat patients, these tests are sometimes severely inaccurate.
Furthermore, a medical misdiagnosis can result in devastating consequences for a patient and their family. If you received a misdiagnosis after taking a genetic test, you should speak with a West Palm Beach genetic testing misdiagnosis lawyer. A qualified personal injury attorney at Domnick Cunningham & Yaffa could review the facts of your misdiagnosis to determine whether you could be entitled to monetary compensation for your injuries and pain and suffering.
Common Conditions Diagnosed Using Genetic Tests
Genetic tests are used to diagnose a wide range of medical conditions, specifically to identify prenatal disorders, such as Down Syndrome, cardiovascular disorders, neurological disorders, and sickle cell anemia. Genetic tests are also conducted on adults to diagnose certain chronic diseases.
Sometimes, a physician may order tests on a patient who is not exhibiting symptoms of a health condition in order to identify their vulnerability to certain diseases later in life. For example, a perfectly healthy woman may decide to undergo genetic testing to identify if there is a risk for breast cancer in her family history.
The Potential Adverse Consequences of a Medical Misdiagnosis
The adverse outcomes that can accompany a genetic testing misdiagnosis may be lifelong struggles for the patient. For example, if prenatal gene tests fail to detect a specific medical condition, a child may face lifelong disabilities that could otherwise have been treated or managed if the parents had sufficient time to make an informed decision.
Conversely, if genetic testing leads to an erroneous diagnosis of a medical condition, the patient may undergo unnecessary surgeries and treatment that cause them needless pain and suffering. Often, a misdiagnosis can result in late or improper treatment, which can intensify a person’s condition or possibly prove fatal. A legal advisor in West Palm Beach could investigate a case to determine whether a physician, laboratory or other medical provider neglected their duty of care to the patient by misdiagnosing.
Proving Liability in a Genetic Testing Misdiagnosis Case
Establishing liability in a genetic testing misdiagnosis case can be exceptionally complex, and it is best to work with an experienced West Palm Beach representative who has extensive knowledge of the laws in these matters.
To prove liability in a misdiagnosis case, the injured party would first need to show that the medical provider owed them a duty of care. All physicians have an obligation to their patients to apply the appropriate care standard expected of those who work in the medical field.
Next, the patient must show that the doctor failed to fulfill this standard of care. For instance, if another reasonably competent physician would have reached a different diagnosis for the same type of patient care, the defendant doctor could be seen to have acted negligently.
Finally, there must be a direct link between the doctor’s neglect of their duty of care and the patient’s injuries and damages. Damages include losses, such as hospital bills, prescription costs, and pain and suffering.
Deadline to Claim Compensatory Damages
Florida law requires that medical negligence cases be filed by a specific deadline, and failure to meet this deadline may bar a plaintiff’s financial recovery. Florida Statute Annotated § 95.11(4)(b) states that an injured patient must file their case against a negligent medical provider or laboratory no later than two years from the date the claimant found out about the injury.
An injured patient has up to four years from the actual date of the medical mistake to file their claim with the civil courts if they did not discover the injury right away. A West Palm Beach legal representative can explain the statutory deadline applicable to someone’s genetic testing misdiagnosis claim more, as well as any exceptions that could prolong the filing window.
Contact a West Palm Beach Genetic Testing Misdiagnosis Attorney Today
A West Palm Beach genetic testing misdiagnosis lawyer can evaluate your case and advise if you could have a claim for financial damages.
If a laboratory or a medical provider’s negligence led to your injury, legal counsel can fight diligently on your behalf for all damages due to you. Call us, Domnick Cunningham & Yaffa, now to discuss your potential claim with a West Palm Beach attorney.
Speak to a member of our team today.