Incorrect Treatment Lawyer in Massachusetts

Incorrect Treatment as Medical Malpractice

A physician who prescribes or administers a treatment that is not appropriate for the patient’s actual condition, either because the diagnosis was wrong, because the treatment chosen does not meet the standard of care for the correct diagnosis, or because the treatment is contraindicated by the patient’s specific circumstances, may be departing from the standard of care. The harm caused by incorrect treatment takes two forms: the harm from the treatment itself (side effects, complications, unnecessary procedures) and the harm from failing to treat the actual condition during the period of incorrect treatment. Attorney Jeffrey C. Lavey represents incorrect treatment victims throughout Massachusetts.

How Incorrect Treatment Causes Harm

When a patient receives treatment for the wrong condition, several categories of harm can occur. The incorrect treatment may itself cause direct physical harm, an antibiotic given for a viral condition cannot harm a healthy patient, but an immunosuppressant given for an autoimmune condition that the patient does not have can cause serious infections. Surgical intervention for a condition that does not warrant surgery exposes the patient to operative risks without benefit. And throughout the period of incorrect treatment, the actual condition progresses without intervention. Attorney Lavey evaluates both the direct harm from incorrect treatment and the harm from delayed treatment of the real condition in every case.

The Informed Consent Dimension

Incorrect treatment cases often have an informed consent dimension: the patient agreed to treatment for the diagnosed condition, but if the diagnosis was wrong, the patient never validly consented to treatment for the condition they were told they had. A patient who undergoes surgery for a condition they do not actually have has not given valid informed consent to that surgery. The lack of valid consent is an additional basis of liability in surgical incorrect treatment cases. Attorney Lavey evaluates the informed consent aspects of every incorrect treatment case.

Common Incorrect Treatment Scenarios

• Surgery performed for a condition that imaging or pathology did not support
• Chemotherapy or radiation administered based on a misdiagnosis of cancer
• Cardiac procedures performed on the basis of incorrect cardiac test interpretation
• Orthopedic surgery performed for pain attributable to an undiagnosed condition at a different location
• Long-term immunosuppressant therapy for an autoimmune condition the patient did not have
• Antibiotic treatment for conditions not caused by bacterial infection

Pursuing an Incorrect Treatment Malpractice Claim

Incorrect treatment malpractice cases require expert medical testimony addressing the standard of care for the diagnosed condition, whether the treatment was appropriate for that diagnosis, whether the diagnosis was correctly made, and how the incorrect treatment caused the specific harm suffered. Attorney Lavey manages the expert review process and all pre-suit requirements in every incorrect treatment malpractice case and pursues every element of available compensation.

Frequently Asked Questions