Many medical malpractice cases arise from the delayed or inaccurate diagnosis of an injury, illness or medical condition. When an incorrect diagnosis leads to incorrect, delayed or nonexistent treatment, it can have severe or fatal consequences for a patient. However, a mistaken diagnosis is not sufficient to bring about a malpractice suit. In this article, you will learn the elements of proof in a medical malpractice case.
Proof of Malpractice Based upon Diagnostic Mistakes
The law doesn’t hold doctors accountable for all mistakes in diagnosis. Patients must prove several things to win a misdiagnosis suit:
- That a doctor/patient relationship was in place
- That the doctor’s conduct was negligent
- That the negligence caused harm
Most malpractice cases are decided upon the second or third factors, or a combination of the two. In these cases, a patient and their Medical Malpractice Lawyer must prove that a similar doctor, working under like circumstances, would not have made the inaccurate diagnosis.
Did the Inaccurate Diagnosis Cause Harm?
A patient and their malpractice lawyer in Tulsa area must prove that a doctor’s delayed or negligent diagnosis caused a condition or injury to progress faster than it would have if the diagnosis had been made correctly. For instance, a delayed cancer diagnosis could cause a patient to have to undergo stronger treatments, or it could cause them to lose their life. If a doctor diagnoses a patient with a condition they do not have, that patient can potentially prove harm in the form of medical issues, stress and expenses.
Emergency Room Misdiagnoses
It’s not really surprising that the frequency of misdiagnosis is much higher in ER settings. Doctors and nurses are under strict deadlines, leaving them with little time to investigate the differential diagnosis list. Most emergency room visits are severe in nature, meaning that an incorrect or failed diagnosis is more likely to bring harm to a patient. Conditions that are not common in certain segments of the population are highly likely to be misdiagnosed.
For instance, a young woman complaining of chest pains is less likely to be given a heart attack diagnosis than a middle-aged, overweight man with similar symptoms is. Medical malpractice cases are heavily regulated, and the rules vary by state. If you or someone you love has been a victim, you should get prompt representation from a medical Malpractice Lawyer in Tulsa.
For more information, contact Donald E. Cummings & Associates
