Lawsuit Resulting From Misdiagnosis

by David Zevan on Jul. 02, 2014

Accident & Injury Medical Malpractice Health Care Accident & Injury 

Summary: Proper, timely diagnosis is essential to receiving appropriate medical treatment. If you have suffered due to misdiagnosis or a delay in treatment, you may have a medical malpractice case.

Proper diagnosis is required in order to receive correct medical treatment. Therefore, patients have the right to file a case for medical malpractice when a misdiagnosis or delayed diagnosis is given causing injury to the patient. However, it is necessary to know the requirements to prove medical malpractice by the doctor.

Essentials of a Medical Malpractice Lawsuit

When the condition of a patient worsens due to a misdiagnosis by the doctor, a medical malpractice lawsuit may be filed, which should have the following essential features to present a successful case:

  • Doctor-patient relationship. This can be determined easily without going through the medical records of patients during treatment.
  • Medical negligence of the doctor in providing an appropriate diagnosis to the patient.
  • Injury to the patient that result from the negligence of the doctor who made the diagnosis.

Many cases of misdiagnosis will result form medical negligence on the part of the doctor, who may give a wrong diagnosis to the patient. It is essential to understand previously undiagnosed diseases or medical issues do not automatically demonstrate negligence by the doctor.

It is essential to know whether the doctor did not act with the same competence of a comparatively-capable physician in the same situation when the doctor failed to give a timely and correct diagnosis. Some common mistakes in diagnosis normally committed by doctors will not result in compensation through a medical malpractice lawsuit. However, gross misdiagnosis, which could have been diagnosed properly by a competent doctor, may become the basis for a medical malpractice lawsuit.

Establishing Medical Negligence due to Misdiagnosis

Your medical malpractice lawyer will show that competent doctors can provide appropriate diagnosis and prevent additional injury to the patient when they try to prove an error in diagnosis. It will be difficult to establish this case and it normally requires the support and sworn statement of a qualified medical professional.

Differential diagnosis is normally used in evaluating patient condition through a systematic elimination process. After the patient is examined and the medical history is checked, the tests are performed to eliminate or confirm some conditions before a diagnosis is made. The differential diagnosis of the defendant will be evaluated by a medical expert to confirm two things.

What is the standard medical care under similar circumstances? The conduct of a doctor in medical malpractice lawsuits is measured using the standard medical care, which can be established by comparing it with the actions of a comparatively-capable professional. This is particularly true with health conditions requiring differential diagnosis.

Was the standard medical care violated? How? After the standard is established, the medical professional will check whether the doctor followed the standards while examining the patient, checking medical history or conducting tests.

Determining negligence has a number of factors. Evidence may show the involvement of other hospital staff or defective diagnostic equipment. Emergency room situations may also prevent the doctor from providing a complete diagnosis. These factors should be checked when evaluating the appropriate standard medical care. You first step should be to speak with a medical malpractice attorney to help you determine if you have a valid medical malpractice claim. Using the collected information, your attorney will be in the best position to help you through the legal process of proving negligence.

Call (314) 588-7200 for a free case evaluation with an attorney at the awarded Zevan and Davidson Law Firm.




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