Medical Malpractice Attorney
Many medical malpractice claims are from misdiagnosis or wrong diagnosis. These occur when a medical professional has caused injury to the patient due to negligence or omission. Nevertheless, a wrong diagnosis may not be enough to win a medical malpractice case.
There are certain guidelines that should be met when presenting a claim to a medical malpractice attorney. By law, you can only claim compensation from a medical misdiagnosis when:
1. The standard of care is violated – there is a standard of care acknowledged by the law, where sensible and reasonable health care professionals administer acceptable medical treatment in similar situations. If these standards are not met, they may be liable for negligence.
2. The negligence resulted in injury – the victim should also present the effect of negligence, namely the injury. The health care professionals’ negligence must be the reason for the injury.
3. The injury sustained should be significant – proving that the injury resulting in disability, pain and suffering, loss of income, and significant medical bills is important because wrong diagnostic trials can be long and expensive. It may be a waste of money and time to go after such claims when the damage done was only minimal.
The dangers of a wrong diagnosis are vast and can be life-threatening. Having wrongly diagnosed conditions ranging from a gastric distress to a heart attack can lead to fatality. It can give you complications when you are taking the wrong medication or wrong doses for your health problem. Also, it can further advance the progression of the ailment, and could result in death in the worst cases.
Rules about medical malpractice cases differ from state to state, so it’s best to know more about your state’s law by asking your personal injury attorney.