The two major basis of medical malpractice claims are misdiagnosis and a failure to diagnose. It’s important to note that not all misdiagnosis are grounds for a claim, and not all claims lead to successful lawsuits. Even some of the best doctors can misdiagnose patients or fail to diagnose an illness in a timely manner. In order for a case to be resolved successfully, improper medical care must be proven. In addition, the patient’s condition must be worsened due to that improper care.
What You Need to Prove
In order to prove your case, you must prove:
- There was a doctor-patient relationship.
- The doctor did not perform up to the accepted standard of care.
- The failure to diagnose or to diagnose properly caused injury.
If these things cannot be proven, a case will not have a successful outcome.
When you are trying to prove your case, your attorney must prove that a doctor in the same field, acting reasonably, would not have made the same mistake. You can also attempt to prove that something went awry with lab work. Either it was not ordered in a timely manner or a mistake was made during its running.
Doctors are human and they do make mistakes. It is whether or not those mistakes lead to a worsening of your condition, additional injury or, worse, death, that you have a case.
It is important if you believe that you have been injured by a medical professional that you consult an experienced attorney. An attorney well-versed in medical malpractice law will review the details of your case and advise you how to best proceed. Do not assume that you have grounds to move forward until you speak with an attorney.
If you believe that you or a loved one has been harmed due to a misdiagnosis or failure to diagnose, contact our offices. Our team of medical malpractice attorneys will review the details of your case and advise you as to whether or not you have grounds for a successful lawsuit. Contact us today for a free consultation.