What is Medical Malpractice?
You've probably heard the term "medical malpractice," but it can be confusing to understand all of the terms and requirements in this type of case.
Medical malpractice occurs when medical professionals make serious medical mistakes that lead to injuries and disease. If a doctor fails to provide proper treatment and prevention and an injury results, malpractice may have occurred.
Medical malpractice is more common than you might think. The following instances can result in medical malpractice:
- Delayed diagnosis or misdiagnosis
- Failure to treat disorders correctly
- Childbirth injuries
- Surgery errors
- Anesthesia errors
These are just some of the medical scenarios that may result in a medical malpractice case. If you feel that you or a loved one has been a victim of medical malpractice, it is important to consult with our medical malpractice lawyers so that you know your legal rights.
You deserve to know what can be done to ease your pain and suffering.
Medical Misdiagnosis & Delayed Diagnosis
If you have been a victim of malpractice injuries due to medical misdiagnosis or delayed diagnosis, you may be able to file a lawsuit and get the compensation that you deserve. Many medical malpractice cases are the result of diagnosis problems that can lead to incorrect or delayed medical treatment. With the help of an experienced Clay County medical malpractice attorney, you may be able to prove that your medical condition is the result of improper medical treatment.
What Types of Medical Diagnosis Errors Are There?
There are a variety of medical diagnosis errors that can be made. A doctor can make the following errors.
- Wrong diagnosis – A doctor may tell a patient that they have the wrong illness.
- Missed diagnosis – A doctor may tell a patient that there is no illness or condition, when there really is disease present.
- Delayed diagnosis – A doctor makes the correct diagnosis after a significant delay. This is one of the most common types of diagnosis errors.
- Failure to recognize complication – A doctor may make the correct diagnosis but may fail to identify issues that cause an illness or injury to worsen.
- Failure to diagnose a related disease – A doctor may tell a patient that they have a disease, but fails to mention related diseases that may contribute to certain medical issues.
- Failure to diagnose an unrelated disease – A doctor may make a diagnosis but fails to diagnose another unrelated disease.
What Needs to Be Proven For a Doctor to Be Responsible?
Doctors are not always legally responsible for diagnostic errors. The following conditions have to be proven in order for a doctor to be held responsible for injuries and illnesses.
- A doctor and patient relationship existed.
- The doctor did not provide treatment in a competent manner.
- The doctor's mistreatment caused injury or serious illness to the patient.
Most cases are based on a combination of these conditions. While a doctor can be held accountable for any mistakes that occurred, this is not always the case. Doctors do make honest mistakes even when taking reasonable care to provide proper medical care. It needs to be determined whether the doctor took proper care and followed medical protocols when handling the patient.
Legitimate Reasons Doctors Inaccurately Diagnose Conditions
Many times a doctor is not able to correctly diagnose a medical condition because of test errors. If testing results are inaccurate, it can lead a doctor to make an incorrect decision.
There are two ways in which this can happen:
- The doctor used faulty diagnostic equipment
- Human error occurred – this can include test result mix-ups, contamination, and incorrect rest readings
In these cases, a doctor may not be liable for any injuries or illnesses. With the help of a Clay County personal injury attorney, you may be able to prove that someone else is at fault for the errors. An attorney will help you take the necessary steps needed to file a malpractice lawsuit.
Where to Get Help