How To Prove Your Delayed Diagnosis Or Misdiagnosis In Medical Malpractice

Misdiagnosis and delayed diagnosis can happen in any medical setting. When this happens to a patient, it may cause serious  injuries and sometimes death.  Injured victims should seek legal help by pursuing, and where appropriate filing, a medical malpractice claim to protect their rights.

But since not every medical case amounts to negligence, it’s prudent to have a medical malpractice attorney in Maryland  determine the validity of your claim. Such a lawyer can connect your injuries to your specific damages.  Attorney Jeffrey Downey has over 30 years of experience valuating and prosecuting such cases and is a licensed Maryland attorney handling malpractice case throughout the state. He also handles cases in Virginia and Washington D.C.

Proving Liability For Diagnostic Failures

To get compensation for damages, you have to prove your medical malpractice case. The person bringing the case has the burden of proof.  To prevail in your malpractice lawsuit, you can demonstrate that:

  • There existed a doctor-patient relationship:Who counts as a patient is legally complex.. A doctor has no obligation to treat a patient unless he has assumed a duty of care, with certain exceptions,  in situations of emergency.  There are multiple doctors who may see a patient in the hospital and not all of them will be hospital employees.
  • Your doctor acted negligently:Your lawyer must show that the doctor failed to follow standards of care to arrive at the correct diagnosis and treatment, given your condition,. Under this theory, you may show that that the doctor failed to perform necessary tests or never followed the proper procedure during diagnosis.
  • The negligence caused your injuries: Diagnostic errors can result in other nasty complications, but errors that do not cause harm are not going to support a malpractice case.  For example a minor fluctuation in blood sugar which was not addressed by a healthcare provider may constitute negligence, but unless is caused harm, it is not a viable malpractice case.

There are cases where diagnosis or misdiagnosis may not amount to negligence. Thus, you have to connect your injuries with how the doctor failed to use reasonable care when offering services. At times, that means looking for a medical expert to prove what the doctor did or didn’t do amounted to negligence.  An experienced malpractice attorney will be able to select the right expert to evaluate and pursue your case.

What May Lead To Diagnostic Errors

Diagnostic problems may arise from preventable errors. Some of the reasons for such errors could be:

  • Poorly maintained equipment:Diagnosis relies on a myriad of equipment to observe the patients. Unfortunately, some hospitals fail to maintain or service such equipment. Others purchase equipment with defective designs.  When such are used to conduct tests, they may produce inaccurate results.
  • Doctor’s fault:A doctor may test procedures incorrectly or even at times mix test samples. The errors may also arise from minimal time with the patient where a doctor fails to conduct an in-depth discussion to learn of their condition.
  • Failure to order the right diagnostic testor exclude alternative causes of an illness.

In todays world of high tech, there is a test to diagnosis just about any medical condition.  Doctors are responsible for recommending the right test to diagnose your condition and where they fail to fulfill that duty, they may be liable for malpractice

  • Misreading the test.  Radiologists are generally responsible for reading tests like MRI, CT scans and other diagnostics.  The failure to appreciate the presence of cancer cells or a subtle fracture lines can be grounds for a medical malpractice.

If you or your loved one has suffered due to diagnostic errors, you may pursue a compensation claim. A seasoned medical malpractice lawyer can offer the correct guidance on how to obtain  the best outcome, but it’s important for you to act quickly.   All states have strict time limits or statutes of limitations for bring such actions.

Call the Law Office of Jeffrey J Downey today for a free initial consultation to evaluate your case.  Phone 703-564-7318 or email, jdowney@jeffdowney.com   When you call our office, you’ll speak to real lawyer about your case.

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