When we visit a medical professional, we have faith in their training and experience to correctly tell us what is wrong with us and provide the necessary treatment after that. When diagnosed with a medical condition, it results in a stressful and emotional situation. However, when it turns out that the initial diagnosis was incorrect, it may lead to agitation, anger or even worsening of one’s illness. This article will discuss how a misdiagnosis of a condition may result in medical malpractice.
There are some instances where a patient is misdiagnosed and then correctly diagnosed, but their condition is far too advanced for any procedure to extend or save their lives. When this happens, medical malpractice is a possibility. And it is due to such damaging concerns that medical professionals, healthcare facilities and administrations face medical malpractice lawsuits. When pursuing a medical malpractice lawsuit, it is imperative to seek out recommended personal injury lawyers specializing in medical malpractice cases; as they understand how and when to proceed after such an action happens to the affected person.
It is important to note that some medical conditions are difficult or close to impossible to be caught early enough for procedures and medication to resolve the problem. In other instances, a delayed but correct diagnosis can lead to additional injury or illness. There are instances where a doctor has incorrectly determined or diagnosed with the problem. Thereafter, another doctor is needed to ensure that the right treatment is administered for the newly determined diagnosis. Such actions may lead to bodily damage resulting from medicine that should not have been taken and/or undergoing unnecessary medical procedures and operations. Some treatments may prove to cause injury to the body when given for the incorrect condition. Many of these factors may even lead to fatalities.
To successfully pursue a medical malpractice case, it is necessary to prove negligence. However, a physician is not legally responsible for a patient for diagnostic errors, even if the right condition was discovered later on. Further, errors in diagnosis may still be made even when the physician employs reasonable care. Therefore, the issue of negligence may look at competency on the part of the medical professional. There is a need to evaluate what actions the doctor performed that assisted in uncovering possible negligent concerns. These are normally found when there is a deviation from the standard practice of the medical professional.
To prove that medical malpractice is a result of misdiagnosis, the patient must prove that a medical professional in a similar field with the same type of situation would produce the correct condition. Further, there must be proof that the attending doctor failed to diagnose the patient correctly due to failure to perform tests that would have revealed the issue. Therefore, an investigation into the matter was not completed reasonably or competently.
A key element in proving negligence is the existence of harm or injury suffered by the victim. Therefore, it is important to have proof of some type of negative impact caused by misdiagnosis.
For medical malpractice, legal advice and representation contact medical malpractice attorneys.