• Aug
    07
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    What is Failure to Diagnose in Medical Malpractice?

    Medical malpractice is one of the most heartbreaking reasons for an individual to file a personal injury lawsuit. In almost all cases, these claims involve a person who sought medical care, only to have the medical professional that they placed their trust with fail in their duty to act in a way that meets the generally accepted standard of care. Many times these claims take the form of a failure to diagnose or misdiagnosis of an illness or injury that leads to further harm.

    Though physicians and other healthcare professionals are allowed to make mistakes, there is a significant difference between mistakes that are purely accidental or made in good faith and those that represent carelessness or recklessness that leads to treatment being delayed or the wrong treatment being provided. When this type of oversight occurs and the patient’s condition worsens, filing a medical malpractice claim may be the best course of action.

    When it comes to pursuing a medical malpractice claim, there are a few elements that must be proven to have existed. The most basic is that there was an actual physician/patient relationship. Beyond that, those who believe they have been victims of medical malpractice need to prove a failure to provide care that is in keeping with the standard for the patient’s condition. That standard of care is generally defined for a jury by another physician, who provides expert witness testimony about what another physician would have seen or done had the case been presented to them.

    Failure to diagnose or misdiagnosis cases usually involve the expert witness testifying as to the differential diagnosis process, and what conditions a qualified and attentive physician would have considered and ruled in or out upon seeing the patient. By running through that process for a jury, the witness makes clear the lapse in the care provided by the defendant physician.

    Following that testimony,Doctor there will also be a need to establish the damage that the patient suffered. This information can also be provided by the expert witness, who can testify to what the patient’s recovery would have been had they received the proper diagnosis at the time that the defending physician was consulted.

    If you believe that you have been a victim of medical malpractice, your first step is to sit down with an experienced and compassionate attorney who can review your situation and help you understand your rights. For more information, contact our office today to set up a time for a consultation.

     

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