Delayed diagnosis or Misdiagnosis – malpractice attorney in AnnapolisWritten by ruxandra
Most medical malpractice lawsuits come from the delayed diagnosis or misdiagnosis of a medical condition, injury, or illness. When the diagnosis error of a doctor leads to delayed treatment, incorrect treatment, or no treatment at all, the patient’s condition can worsen and they can even die. If this has happened to you or someone you love, you may contact your malpractice attorney from Annapolis and file a lawsuit against the doctor or hospital.
Proving medical malpractice that resulted from diagnostic errors
Your medical malpractice lawyer from Annapolis will tell you that not all diagnostic errors can make a doctor liable. Instead, the patient (with the help of their malpractice injury lawyer from Annapolis) must prove three things to prove the existence of malpractice. This includes:
- The existence of doctor-patient relationship
- The doctor was negligent
- The negligence of the doctor was the factor that actually injured the patient
Generally, most malpractice cases hang in your ability to prove the second or third element. With the aid of your malpractice injury lawyer from Annapolis, you can gather the evidence needed to prove the existence of the medical malpractice and receive compensation for what you or your loved one have been through.
The doctor’s negligence
Medical malpractice medication errors in Annapolis can happen, but a delayed diagnosis or misdiagnosis is not necessarily a clear evidence of negligence. It is possible even for the most skillful doctor to make a diagnostic error while using reasonable care. What you have to prove in your case is whether the doctor acted correctly and competently. This involves an investigation about what the doctor did while giving your diagnosis. This means that your lawyer will look at the “different diagnosis” methods your doctor used in making the treatment determinations.
A systemic method used by most doctors to identify what disease a patient is suffering from is “differential diagnosis”, which is based upon a preliminary patient evaluation. Based on this preliminary investigation, the doctor may give a diagnostic. Upon further investigation, the doctor may discover new information that could make him give a differential diagnostic list and a different treatment. In a malpractice case based on diagnostic error, your medical malpractice lawyer from Annapolis must prove that the doctor would not have misdiagnosed the illness or condition of a patient in another case with similar circumstances. This means that you will have to prove:
The correct diagnosis was given in the differential diagnosis list, but did not perform the appropriate tests to investigate the viability of your diagnosis
The correct diagnosis was not included in the differential diagnosis list, which is something a reasonably competent and skillful doctor would have done in similar circumstances.
Was the patient harmed due to the misdiagnosis?
The patient has to prove that the negligent misdiagnosis of the doctor caused them to suffer an injury or condition which normally would have been avoided if the doctor would have given the correct diagnosis. There are also cases that arise due to medical malpractice medication errors in Annapolis, where a patient is given the wrong medication for their condition.
For more information about misdiagnosis, you can contact the best medical malpractice lawyer in Annapolis at (443) 569-3950 or [email protected]. You will get a free consultation of your case.