A large number of medical malpractice lawsuits stem from the misdiagnosis of a medical condition, illness, or injury. When a doctor’s diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient’s condition can be made much worse, and can result to the death of that patient. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.
The key is determining whether the doctor acted competently, which involves an evaluation of what the doctor did and did not do in arriving at a diagnosis.
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. This means proving one of two things:
Sometimes a doctor fails to correctly diagnosis a condition because they relied on inaccurate results from laboratory tests. This can happen in one of two ways:
The patient must also prove that the doctor’s negligent misdiagnosis or delayed diagnosis caused the patient’s injury or condition to progress beyond where it normally would have, had the correct diagnose been made in a timely manner, and that this progression had a negative impact upon treatment.
If you feel like your health has been wrongfully sabotaged due to a physicians negligent care, know that you can count on the professionals at Parvey & Frankel to help you get the legal compensation you deserve.