Featured News 2019 Medical Malpractice & Delayed Diagnoses

Medical Malpractice & Delayed Diagnoses

If a doctor takes too long to provide a diagnosis, a patient could need more treatment than they would have had the doctor provided a swifter response. In the most tragic cases, some patients pass away before their doctor correctly diagnoses their ailments. However, a delayed diagnosis is not always a sign of medical malpractice. If a slow diagnosis is medical malpractice, it the situation must meet three main requirements.

These requirements are:

There was a doctor-patient relationship

There was negligence on the doctor's part

This negligence is what caused harm to the patient

Was the Doctor Negligent?

Not every mistake is the result of negligence or incompetence. To determine if there was medical malpractice during your medical case, you need the help of a medical expert who can identify whether the late diagnosis was because of reasonable factors. A medical professional will help determine if the delayed diagnosis would have occurred had the patient been under the care of another doctor. The expert will determine how the doctor arrived at the diagnosis, if their methods were medically sound, and if key symptoms were overlooked. If the doctor’s diagnosis fails to withstand a second opinion, it is likely that medical malpractice occurred.

Misdiagnosis Caused by Lab Errors

Sometimes a delay in information causes a misdiagnosis which is outside of the control of a doctor. If doctor receives incorrect information from an improperly performed lab test, they are not responsible for a misdiagnosis. However, it may be possible to pursue the lab or hospital that accomplished a patient’s test for medical malpractice.

Proving Patient Injury

Negligence is one factor in a medical malpractice claim. The other factor that needs to be proven is that a medical professional’s negligence harmed a patient. For example, if a patient suffers from a delayed cancer diagnosis, they must prove their doctor did not adequately test for cancer after failing to recognize obvious signals of the illness. This patient would also need to prove that the delayed diagnosis of their cancer significantly harmed their ability to recover.

If you or a loved one has been the victim of a medical professional's carelessness, find out how you could seek justice and receive compensation for pain and suffering, medical expenses, lost income, and more. Contact a medical malpractice lawyer about your case today!

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