Medical malpractice lawsuits often originate in the misdiagnosis of an illness or condition. To constitute medical malpractice there must be negligence, meaning the treatment provided failed to satisfy what is expected by reasonably careful doctor or healthcare provider. Consequently, not all mistakes are negligent and, similarly, a patient’s dissatisfaction with a course of treatment or outcome does not alone equal negligent medical care.
Patients generally need to prove that a doctor-patient relationship existed; the doctor failed to provide treatment in a reasonably skillful and competent manner; and the doctor’s negligence caused injury. A trained physician can make a diagnostic error, but that does not necessarily constitute negligence. In a medical malpractice case based on diagnostic error, the patient must prove that a doctor in a similar specialty, under similar circumstances, would not have misdiagnosed the patient’s illness or condition.
The patient must also prove that any negligent misdiagnosis resulted in patient injury or a worsening of the condition past the point where it normally would have been had the correct diagnose been made. Diagnostic errors include misdiagnosis (picking the wrong problem), missed diagnosis, delayed diagnosis, and failure to recognize complications or related diseases. All of these errors can adversely affect a patient’s health and may be the basis of a medical malpractice lawsuit.
Medical malpractice cases are typically governed by complex rules that vary widely depending locale. If you believe you might have a medical malpractice case, please contact an experienced medical malpractice lawyer for a professional consultation. The success of your case depends upon having the best and most experienced representing you and your interests.
Source: Nolo
