Medical errors lead to deaths. Failure to diagnose, delayed diagnosis, and misdiagnosis are common types of medical malpractice to contribute to a large number of fatalities. Whether you have been undiagnosed or misdiagnosed and have sustained progressing symptoms that resulted in further injury and damages, speak with a Moxie Law Group medical malpractice lawyer. This way, you will understand your legal options and rights.
What Constitutes a Medical Malpractice Claim
Some medical errors do not constitute medical malpractice. However, if the negligence of a healthcare provider contributed and you sustained injury and damages because of their negligent actions, you may want to file a claim. To establish a malpractice claim, below are elements that should be present:
- Duty of care. To have a valid claim, you must show the existence of a doctor-patient relationship. Thus, as a patient, you must have consulted a doctor who agreed to be consulted by you. When such a relationship is established, the doctor must uphold in offering the professional standard of care.
- Deviation from the established standard of care. You must show the doctor deviated from their duty of care.
- Causation. You need to prove that such deviation resulted in your injury.
- Damages. Compensable damages should exist to have a valid claim. Thus, because the doctor breached their duty of care, you suffered damages.
Was the Healthcare Provider Negligent?
In a medical malpractice case, diagnostic errors can be quite complex. The lack of diagnosis or misdiagnosis does not prove that the negligence happened. Even if the doctor took reasonable care, a competent doctor can still make mistakes without committing malpractice. But the issue is whether the doctor competently arrives at their conclusion about you. To determine the answer, the steps the doctor has taken to arrive at their conclusions must be analyzed. Also, analysis of the differential diagnosis process they took to determine the best treatment course for you should be analyzed.
To understand the competency of the doctor, their diagnostic approach must be examined. This will determine if this approach differs from the approach of another reasonable doctor in a similar situation. Would this doctor have made the same diagnostic error?
Medical Conditions that Doctors May Not Diagnose
Some conditions are not diagnosed or misdiagnosed. Usually, they are severe and without a diagnosis, they get worse and necessitate more extensive treatment upon discovery. In some cases, the condition is left untreated and results in death. When this happens, the loved ones of the patient may be eligible to take legal action against the healthcare provider who failed to diagnose the condition of the deceased person. Conditions such as cancer, blood clots, aneurysms, heart attack, infection, stroke, and pulmonary embolism are commonly undiagnosed or misdiagnosed.
Steps to Take After a Misdiagnosis
A medical malpractice claim should be filed within two years following the discovery of the malpractice injury. Also, you need to follow a certain process. If you have been a victim of medical malpractice in Utah and suffered injury and damages, do not wait to take action. Speak with a skilled medical malpractice attorney about your case and possible legal actions.
Medical malpractice can affect you emotionally, physically, and financially. A claim can help you recover and heal. As a victim, you may be eligible for compensation that covers medical expenses, lost income, and emotional and physical trauma. Your attorney will review your case to determine its viability and strength. Then, they will guide you through your legal options and the steps you must take. They will stand beside you while you stand against the legal team or insurance company of the negligent healthcare provider. Your attorney will fight for the monetary compensation you deserve.