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Misdiagnosis Causing Harm
When we go to a doctor because we are feeling ill, we assume we will be told what is wrong with us and will get better shortly thereafter. However, when you go to a physician and are given a diagnosis that you rely upon that ends up being incorrect, causing you to become sicker- you have a cause of action based on this misdiagnosis. Physicians are held to a certain standard or duty of care and when they breach this duty to you they must be held accountable. Medical malpractice lawsuits are very complex because they involve highly technical and specific types of evidence, along with expert witness testimony. The Austin medical malpractice attorneys at Grossman Law Offices are experienced in handling these cases and will represent you with diligent and competent legal skill. This article will discuss the liability that may be imposed via a medical malpractice lawsuit for improper diagnosis in further detail.
What Duty is Owed from a Physician to a Patient?
Physicians owe their patients a professional duty of care to not negligently misdiagnose a patient’s condition. Any inaccurate diagnosis can have very severe ramifications, even intensifying the ailment that was initially complained of because it went untreated. Medical malpractice lawsuits are often based on the consensual relationship that exists between patients and physicians. Once this relationship exists, the doctor has a duty to treat their patient with the appropriate professional skill. However, it is important to note that the only time there can be a claim in medical malpractice is after there has been a doctor-patient relationship established which may be either expressly created or implied. Once the relationship has been established then the standard of care that is owed to patients by physicians may be evaluated. This is defined as what a reasonable and prudent doctor would do under the same or similar circumstances. Frequently there will be evidence of what another reasonable and prudent member of the medical profession would have done when assessing a particular patient’s ailments. If it is deemed that the physician conducted himself professionally in the same manner that other doctors would in that position, then this duty of care would not be considered to have been violated. This is a high burden of proof that must be met in order for a medical malpractice lawsuit to be successful. Consequentially, the need for an attorney with experience in this specialized area of the law is necessary to guarantee that your case does not fail to establish the elements needed for any recovery. Therefore, as applied to a misdiagnosis, it must be proved that a doctor similarly situated would have been capable of recognizing your symptoms and correctly evaluating your particular illness, thereby preventing your quality of health from further deteriorating.
What Other Factors go Into How a Medical Malpractice Claim is Proven?
There are a number of different factors that go into handling a medical malpractice claim based on an improper diagnosis. In order to establish the physician-patient relationship and show that there has been a breach of the duty of care owed by the physician, expert witness testimony is almost always used. In a medical malpractice case, the expert must be qualified. In order to be considered to have the qualifications of an expert he/she must have the knowledge, skill, experience, training or education regarding whatever specific issue he/she intends on testifying about in front of the jury. It must be established that he has the correct background to be able to speak with knowledge on the subject and offer his opinion. Considering the amount of medical malpractice cases that have been handled by Grossman Law Offices, our attorneys are familiar with what kinds of experts to have testify in your lawsuit to ensure that the credibility of your claim is conveyed to the jury. The jury must be able to understand the gravity of your misdiagnosis so that they are convinced to render a verdict in your favor. The attorneys at Grossman Law Offices are capable and ready to take your claim head on and make sure that you are compensated for what you have a lost from this misdiagnosis. To discuss your case in detail, contact us at 1-855-257-1111.