A DVT misdiagnosis can have devastating consequences. Deep vein thrombosis (DVT) occurs when a blood clot forms in a deep vein–most often in the legs–and if left untreated, it can break loose and travel to the lungs, causing a pulmonary embolism, which can be fatal. Because of how serious the condition is, a failure to properly diagnose DVT in a timely manner may constitute medical negligence.
If you or a loved one suffered harm because a medical professional failed to diagnose deep vein thrombosis, it’s critical to understand your next steps. This guide walks you through what to do after a misdiagnosis, from seeking treatment to consulting an Orlando failure to detect blood clot lawyer.
1. Recognize the symptoms of DVT that were missed
One of the first steps after a DVT misdiagnosis is to understand the symptoms of DVT that may have been overlooked. Common signs include:
- Swelling in one leg (especially below the knee)
- Pain or tenderness that may resemble muscle strains
- A feeling of warmth in the affected area
- Discoloration or redness of the skin
- Surface varicose veins that become more prominent
If your doctor ignored or dismissed these signs–especially in the presence of risk factors like immobility, recent surgery, or certain medical conditions–you may have grounds to claim that they failed to correctly diagnose your condition.
2. Get a second opinion and begin appropriate treatment
Once you suspect that your condition was misdiagnosed, it’s important to see another healthcare provider immediately. A second opinion can help:
- Confirm the presence of DVT through proper imaging (e.g., ultrasound)
- Begin treatment with blood thinners to prevent further clots forming
- Monitor your blood flow and lung function in case of pulmonary embolism
Accurate diagnosing of DVT is crucial to prevent complications, including heart attack, stroke, or permanent damage to the blood vessels in your legs. Prompt care can help stabilize your condition–even after the misdiagnosis.
3. Gather your medical records and documentation
To build a potential medical malpractice claim, start collecting all relevant medical documentation. This should include:
- Emergency room or urgent care notes
- Hospital admission and discharge summaries
- Lab results and imaging studies
- Prescription records (or lack thereof for blood thinners)
- Correspondence with your healthcare providers
These documents can help illustrate the medical professional’s failure to diagnose or treat DVT appropriately and link that failure to your resulting complications.
4. Track all damages, including financial and physical impact
Victims of DVT misdiagnosis often face serious health problems and significant expenses. You’ll want to carefully track:
- Medical bills for ongoing treatment, hospital stays, or medications
- Missed work and lost income
- Long-term care or physical therapy
- Emotional trauma and anxiety
- Pain, discomfort, and mobility limitations
These damages are important for assessing the value of your claim and demonstrating the full impact of the misdiagnosis.
5. Speak to a medical malpractice attorney
Once you’ve stabilized your condition and gathered the necessary documentation, consult with a medical malpractice lawyer. These cases are complex and require in-depth medical and legal knowledge to prove that:
- A duty of care existed (i.e., the provider was responsible for diagnosing DVT)
- That duty was breached (they failed to act reasonably)
- The breach led to harm–such as a pulmonary embolism or worsened condition
- You experienced measurable damages (physical, emotional, or financial)
A qualified attorney can help determine whether your doctor’s actions meet the legal standard for medical negligence and guide you through the process of pursuing compensation.
Know your time limits for filing a claim
Each state has its own statute of limitations for medical negligence or malpractice cases. In Florida, you have two years to file a lawsuit. An attorney can help you understand the timeline in your state and make sure your claim is filed before the deadline.
Delaying legal action can mean losing your right to hold negligent providers accountable, even if the DVT misdiagnosis caused severe harm.
Talk to an attorney today to get the justice you deserve
A DVT misdiagnosis is a potentially life-threatening failure that can lead to long-term health problems and significant emotional and financial hardship. Whether the doctor confused your symptoms with muscle strains or simply failed to follow proper diagnostic procedures, you have the right to hold them accountable if their actions caused harm.
Taking the right steps–from seeking immediate care to speaking with a medical malpractice attorney–can protect your health, your future, and your legal rights.
If you or someone you love suffered harm after a misdiagnosed DVT, contact all (407) 244-3000. Our legal team is experienced in handling misdiagnosis and medical error cases and is here to help you pursue the justice you deserve.