Is it considered to be medical malpractice the failure to diagnose in Maryland?Written by ruxandra
Many medical malpractice lawsuits address the doctor’s inability to diagnose the medical condition of a patient or the delay of the diagnosis. But you should know that not all mistakes in diagnosis are considered a medical malpractice failure to diagnose in Maryland, even if a person was misdiagnosed.
Doctors have a vital job. They should recognize medical conditions and various diseases based on the signs and symptoms you are showing. They are also responsible for the risk factors of you developing a more serious medical condition in the future. It is the doctor’s job to find the right answer, even if they don’t fully understand what you are suffering from based on the symptoms.
According to the medical malpractice law in MD, the medical mistakes are:
- Delayed diagnosis. When your doctor is not fast enough to make the connection between the symptoms you present and a medical condition.
- Failure to diagnose. When your doctor does not make the connection between the symptoms you present and the medical condition you suffer from (no treatment is taken).
- Misdiagnosis. This can also be considered a failure to diagnose, but most of the time this happens when the doctor believes you are suffering from another condition and prescribes the wrong treatment.
Most of the time the result of these mistakes is improper medical care. As a result, some patients develop the risk of suffering from a more severe illness or injury, or possibly death. For example, if a person’s cancer is not diagnosed quickly enough, the condition could become untreatable. When and if this happens, the best thing you can do is to contact a medical malpractice lawyer from Maryland, one who knows about medical malpractice and how to file a claim for it.
What about malpractice?
To prove medical malpractice, you have to demonstrate four elements:
- The doctor owed you a legal duty. This means that it is the doctor’s obligation to have the medical skills and knowledge to treat you.
- The doctor breached and broke that duty by making a mistake in giving your diagnostic
- You suffered an injury or harm or developed a more serious medical condition
- The doctor’s mistake has directly caused the injury or damage
Depending on the circumstances of each case, the errors can be considered medical malpractice or not. Doctors are also humans, and they can make mistakes, but if another person suffers because of these errors, they need to pay. And even if a mistake was made, if you are not injured by this mistake, according to the medical malpractice law of MD it will not be considered malpractice.
In addition to this, you have some obligations of your own, such as being upfront with the doctor about your problems, medical history, and all personal habits. It is possible to generate the doctor’s failure to diagnose your condition if you uphold information from the doctor.
Get the help from a medical malpractice lawyer from Maryland
The best person who can explain to you about medical malpractice and how to file a claim is a medical malpractice attorney from Annapolis. Together you can discuss your case, build a strong argument, and receive the payment you deserve. Contact the best attorney for the job at: at (443) 569-3950 or email at [email protected].