‘Failure to Diagnose’ and Medical Malpractice
If a Doctor Fails to Diagnose The Cause of Your Illness, You May Have a Medical Malpractice Claim
One of the most uncomfortable parts of going to the doctor is oftentimes the diagnosis. We are always afraid of what the doctor might tell us when we are sick. However, if you are diagnosed for an illness and it is found to have been an incorrect evaluation of what was wrong with you, you do in fact have the right to recover for your losses. The way you recover for your losses is through a medical malpractice lawsuit. In order to properly litigate a malpractice lawsuit, you need to have competent legal representation due to the highly complex nature of those types of lawsuits. Our Law Offices’ attorneys have handled numerous malpractice claims and know the effort and time that must be put into these causes of action to make sure that your claim is successful. This article will discuss the basics of a medical malpractice lawsuit with regard to a claim based on a failure to diagnose an illness accurately.
What is a Medical Malpractice Lawsuit?
A medical malpractice lawsuit is a cause of action that permits you to recover for injuries or damages that you have suffered stemming from some action of a physician that has caused you physical or emotional injury. In a medical malpractice lawsuit, there are certain elements that must exist for your lawsuit to be successful. If one of these elements fails to exist then your cause of action will not stand and your claim will therefore fail. This is one of the primary reasons that you must have a lawyer that is very familiar with this type of claim because these elements are difficult to prove. Nevertheless, no matter how difficult they maybe, with a skilled attorney like those available at Our Law Offices you stand to be compensated substantially. More here @ https://www.carabinshaw.com/el-paso-medical-malpractice.html
What are the Specific Elements of That Must be Proven?
The elements that must be established are (1) that there is a duty by the physician to act according to certain standards. The standard that will be imposed is generally the accepted standard duty of care for physicians. (2), there must have been a breach of that duty of care. Typically other doctors that are trained in a similar area of the law will be retained to determine if they would have acted in a similar manner as the physician that misdiagnosed you. Then, (3) there must be an injury. Therefore you yourself must have suffered some kind of injury because of the fact that this doctor diagnosed you incorrectly. And lastly, there must be some form of a causal connection between the breach and the standard of care. Therefore, your injury cannot be from some unrelated accident, it must have stemmed from the misdiagnosis. Essentially, the misdiagnosis must have been what caused your injury that then spurred the ensuing litigation. Click here for more information about Medical Malpractice law @ https://no1-lawyer.com/medical-malpractice-lawyers-el-paso/
All things considered, assuming that you prove the elements that are required and the misdiagnosis in fact caused your injury then you most definitely have a valid medical malpractice claim. However, the success of your claim will be increased exponentially with the assistance of experienced legal counsel. The attorneys at Our Law Offices are more than capable of handling your claim for you. To discuss the particulars of your case, contact us.
Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215