Medical malpractice, although common, can be difficult to determine. These cases are often complex and difficult to come to a definite conclusion. While there are many causes for medical malpractice, one case that can be particularly confusing is a delayed diagnosis case. Delayed diagnosis is one of the most common types of medical malpractice. To determine whether or not delayed diagnosis was medical malpractice, there often needs to be input from at least one medical professional. Those dealing with a delayed diagnosis can have prolonged or permanent health problems, and death is also common when there’s a failure to spot a problem early on. Without a proper diagnosis, a patient isn’t able to get the treatment that they need to begin their recovery.
Why does a delayed diagnosis happen?
Delayed diagnosis is a common occurrence in the medical field, although it isn’t always a serious concern. Even if you haven’t had harmful effects from medical malpractice, you might have experienced a problem with diagnosing an illness yourself. Delayed diagnosis can be innocent in nature and isn’t always malpractice. Doctors aren’t always correct, even when they do everything right, and they can be misdiagnosed or fail to give a diagnosis in a timely matter. Mistakes are likely to happen to everyone at some point. Because delayed diagnosis can happen without it being medical malpractice, it can be hard to prove and many people might not even be aware that they have a legitimate legal case.
While some diagnoses can easily be missed, it can often happen due to negligence at the hands of the medical professional. There can be many causes for a delayed diagnosis to be medical malpractice. A patient may explain their symptoms to a doctor, only to have them brush it off. Some may have tests done incorrectly, which can affect the results. If the results for a test come up incorrectly for any reason, it could prevent a doctor from making a diagnosis. Developments in the medical field are constantly happening, which some doctors aren’t able to keep up with. This can cause them to use outdated and ineffective testing will something much more accurate is available. A person may also be incorrectly diagnosed with a different illness with similar symptoms if a doctor misses out on key points. If this happens, they’ll receive unnecessary treatment for an illness they don’t have while still dealing with their actual illness.
How do you prove medical malpractice?
Determining whether or not something is medical malpractice is similar for most cases, like delayed diagnosis or surgical errors, even if they may seem vastly different. First, you need to prove that you did have a doctor-patient relationship. If you spoke to a doctor at a party and gave them your symptoms, you can’t hold them responsible for a delayed diagnosis because there was no existing relationship. If you do have a doctor-patient relationship, it’s usually easy to prove with paperwork that shows they took on the responsibility of treating you. It also needs to be proven that their care was below the standard of care. If you received treatment from a similar professional, would they have done something different that could have allowed you to be diagnosed? You also had to have harm done to you by the delayed diagnosis. Would your situation be any different if you had a timely diagnosis? There could be the chance the diagnosis done on time might not have changed anything. This is why other doctors typically need to be brought in to confirm if medical malpractice occurred.
What should you do if you’re a victim of delayed diagnosis?
If you’ve had a delayed diagnosis, you’ve likely had to deal with expensive medical bills that you otherwise wouldn’t have had. You might also have had to take off work and lost wages, or has to deal with a lower quality of living due to health issues. Without the proper training, it can be difficult for you to determine on your own if you have a valid case. Even if you’re unsure, you should seek the help of a medical malpractice lawyer. Only a lawyer who specializes in medical malpractice will have the knowledge that you need to win your case. Many of these lawyers have a contingency fee, so they won’t make any money until you win.