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Misdiagnosis can be grounds for wrongful death case

While a fatal incident of medical malpractice can of course happen in dramatic fashion on the operating table, a doctor's seemingly innocuous mistake or delay in diagnosing a West Virginia patient can also prove to be deadly.

After all, misdiagnosing a patient in all cases causes some waste of valuable time and resources. Many times, a patient's condition is such that a delayed diagnosis or misdiagnosis can mean the difference between a patient dying and having a full recovery. Moreover, in some situations a misdiagnosis can mean a patient receives treatments that could serve only to make a patient's condition worse.

Charleston, West Virginia, the families of patients who were misdiagnosed by their doctors and subsequently passed away should consider whether they have a medical malpractice wrongful death case against their loved ones' doctors.

However, in this respect, it is important to remember that doctors have some leeway to make educated guesses in their diagnoses, even if they turn out to be wrong, as the practice of medicine requires some margin of error.

However, if a doctor in trying to narrow down possible diagnoses simply misses a condition that should have been considered, or if the doctor does not properly rule out a condition that is on his or her list of possibilities before moving on, then the patient's family may have the right to sue the doctor for any injuries caused by the mistake. These injuries may include items like funeral expenses, unpaid medical bills incurred due to the malpractice and lost income. The family can also claim compensation for the victim's pain and suffering and their own anxiety and grief over the death.

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