The Harding Law Firm News

Can I Sue for a Medical Misdiagnosis?

The Harding Law Firm - Tuesday, October 27, 2015


—Advice from a Medical Malpractice Attorney

Each year in the United States, 12 million adults are misdiagnosed by their physicians, according to a report on CBS. That comes out to one out of every 20 patients. Misdiagnoses are not automatically eligible for a medical malpractice lawsuit. Instead, there must be certain circumstances present in order to show that the physician was negligent in coming to their incorrect diagnosis.

What Are Common Misdiagnosed Illnesses and Conditions?

A misdiagnosis means that a patient could miss out on necessary treatment, making their illness worsen or resulting in death. Also, a misdiagnosis could force a patient to endure unnecessary and even painful treatments. Some of the commonly misdiagnosed illnesses in the United States include:

  • Asthma - Typically misdiagnosed as recurring bronchitis
  • Heart Attack - Often diagnosed as a panic attack or indigestion
  • Lyme Disease - Misdiagnosed as the flu, mononucleosis or depression
  • Parkinson’s - Commonly misdiagnosed as a stroke, stress or Alzheimer’s
  • Lupus - Misdiagnosed to be fibromyalgia, chronic fatigue syndrome and rheumatoid arthritis

Can I Sue for a Misdiagnosis?

When a misdiagnosis occurs due to negligence, you may have a valid claim for medical malpractice. In order to prove negligence, you must first show:

  1. The doctor owed you a duty of care. This means the physician was treating you and there was an established doctor-patient relationship present.
  2. The doctor breached their duty of care. A misdiagnosed illness is not automatically a breach of duty. Instead, you must prove that another reasonably competent physician would have arrived at the proper diagnosis.
  3. The breach of duty caused injury. Next, you must not only prove there was a misdiagnosis, but that the misdiagnosis caused some sort of injury or loss.
  4. The injury led to damages. This means that your misdiagnosis led to damages, such as extensive medical treatments or additional treatments that otherwise would not have been required if the consulting physician had competently arrived at the right diagnosis.

Proving a physician was incompetent during their misdiagnosis typically requires testimony from other medical experts. If you are the victim of a misdiagnosis, your first step is to contact a personal injury lawyer for a case assessment. The Harding Law Firm can assess the facts of your case and help determine if negligence has been a cause for misdiagnosis.

Speak with a medical malpractice attorney today regarding misdiagnosis of your symptoms and condition. Contact Charles Harding for a free consultation. You can also call us at 518-384-3400

Do Facebooks Posts Impact Your Divorce?

The Harding Law Firm - Tuesday, October 13, 2015


—Useful Tips from an Albany Divorce Lawyer

Millions of Americans use Facebook and other social media networking sites. However, if you are in the midst of a divorce, you need to understand how the use of these sites can impact the outcome of your case. Social media, when used as a reactive tool, can actually hurt your case; which is why most attorneys will advise their clients to avoid it altogether or not post anything regarding their case as well as take care to eliminate any hostile comments / information already present.

How Social Media Impacts Your Divorce

Not all friends on your social media account are really your friends, and the information you post could be relayed to your soon-to-be-ex, thus helping to make their case against you stronger. Just some ways social media can hurt your divorce case include:

  1. Online Activity May Hint at Hidden Assets - When married, you and your spouse shared mutual friends and contacts on social media. After the breakup, there is likely a friend or two that is more loyal to the other side. When you post information about financial activities or recent trips you have been taking during the divorce proceeding, others may inform your spouse of hidden assets.
  2. It Can Affect Custody - When you are posting your nights out with friends or inappropriate photos, they can later be used during the child custody hearing for your pending divorce.
  3. Threats - If you post threats or anything that can be perceived as a threat against your spouse, it could allow the other side to accuse you of anger management issues.
  4. Discussing Your Case - Posting any information about your active court case or decisions made in that case about you or the other party is never a good idea. Even if there are no clauses in your divorce documents stating you cannot share the information publicly, your venting it on social media can be perceived as vindictive and be used against you later.

It is critical that you realize this fact—anything you post on social networking sites can be handed over to your spouse and their attorney. A printed copy of your posts, tweets and updates are admissible as evidence. If you can, take a break from social media and do what you can to avoid doing anything that will negatively impact your case.

Speak with an Albany divorce attorney today regarding your case or concerns regarding social media. Contact Charles Harding for a free consultation. You can also call us at 518-384-3400