A doctor’s failure to diagnose a patient may result in a grave and irreparable injury or even a wrongful and untimely death. But only because a physician has failed to diagnose a patient accurately, it doesn’t make their actions cause for a malpractice suit. For a successful failure to diagnose malpractice suit, the plaintiff’s attorney must prove negligence was involved and that it was the direct cause of the injury.
We hold all of our doctors to a certain standard. By interacting with our doctors, we hold them to a legal duty of care. Their obligation is to do everything within their power and field of expertise to care for you. This requires that they are competent doctors who have a proven track record of helping patients. For a failure to diagnose case to hold water, a physician must have broken their duty of care for their patient. This breach can manifest itself in a number of ways.
If a doctor makes the mistake of giving a patient too much or too little medicine they have failed their patient. If a patient has been injured on account of an action taken by the doctor, that patient may be entitled to compensation. Lastly, if a medical condition is exacerbated due to the doctor’s negligence, you may have a viable case on your hands.
Even if the events above happened, the doctor may still not be at fault. Doctors may sometimes get things wrong. The medical profession is both murky and gets more obscure when humans have their hands in the affair.
Doctors are to be blamed if things within their power are mishandled. For example; if tests have been misinterpreted, basic symptoms weren’t discerned, proper tests weren’t conducted correctly, or if a doctor doesn’t ask for your personal or medical history. If any of these lead to an injury, your doctor may be at fault.
Take steps to ensure that your injuries are financially compensated when you hire a New Jersey or New York personal injury, or medical malpractice lawyer.