How To Prove Failure To Diagnose When Pursuing A Medical Malpractice Claim?
Failure to diagnose, misdiagnosis, and other diagnosis-related mistakes can result in incorrect or delayed treatment. When a doctor fails to diagnose a patient’s condition, the patient may not receive any treatment at all.
Both misdiagnosis and delayed diagnosis may warrant a medical malpractice claim. However, proving that your doctor was negligent is no easy task. It is advisable to seek the legal counsel of a skilled medical malpractice attorney to help you prove that a doctor failed to diagnose your medical condition.
At Carroll Law Firm, our Atlanta diagnosis error attorney Stacey Carroll can help you pursue the compensation to which you are entitled.
What Are the Different Types of Diagnosis Errors?
The different types of diagnosis errors include:
- Delayed diagnosis
- Failure to recognize side effects or complications
- Failure to diagnose another condition
Regardless of the type of diagnosis error that led to your injury, you need sufficient evidence to prove that your doctor was negligent and you were harmed due to their negligence.
Elements to Prove Medical Malpractice
Just because you were injured while undergoing surgery or receiving medical treatment does not necessarily mean that your doctor committed medical malpractice.
You will need to prove elements of a medical malpractice claim to hold your doctor responsible for the harm caused.
You must prove the following four elements to prevail on your medical malpractice claim:
- There was a doctor-patient relationship between you and the doctor who allegedly committed medical malpractice;
- The doctor was negligent in providing medical care;
- Their negligence caused your injury; and
- Your injuries resulted in damages and losses.
How to Prove a Doctor’s Negligence?
To prove a doctor’s negligence and hold them liable for medical malpractice, you need an expert witness to testify that the defendant doctor deviated from the accepted standard of care when treating you. An experienced medical malpractice attorney has access to such expert witnesses to prove your case.
How to Prove That You Were Harmed?
In order to successfully recover damages in a medical malpractice claim, you must prove that the doctor’s negligence actually caused you significant harm.
In misdiagnosis cases, you must prove that a doctor’s failure to diagnose or delayed diagnosis caused your medical condition to become worse than it would have been if diagnosed in a timely manner.
A common example of misdiagnosis is when a doctor fails to diagnose cancer in its early stages, which lowers a patient’s chance of survival and prevents the patient from receiving effective treatment.
Contact an Atlanta Misdiagnosis Attorney
It is advisable to seek the legal counsel of an experienced diagnosis error attorney to help you prove that a doctor’s failure to diagnose or delayed diagnosis caused your injury and damages. Your lawyer will help you prove that a doctor deviated from the accepted standard of care when diagnosing your condition.
At Carroll Law Firm, our skilled attorney Stacey Carroll can help you obtain the compensation to which you are entitled by proving that a doctor who failed to diagnose your condition was negligent. Call 404-816-4555 for a case evaluation.