The law doesn’t say that a doctor is responsible for all the types of diagnostic errors. However, the patient must be able to prove three things so he or she can succeed in a medical malpractice lawsuit upon a misdiagnosis or delayed diagnosis.
- There was a medial relationship between the doctor and the patient
- The doctor showed negligence in treating the patient.
- As a result of the negligence of the doctor, the patient suffers from an injury.
As long as one can prove the above three aspects, the chances of succeeding in a medical malpractice lawsuit are more.
Determining the negligence of the doctor
You should know that misdiagnosis or delayed diagnosis doesn’t prove the negligence of the doctor. Instead, the important thing is to determine if the doctor showed competence. When you have to prove medical malpractice, you should provide evidence that there were ways to avoid misdiagnosis of the illness. It should prove one of the two things mentioned below.
- The doctor didn’t make use of the correct diagnosis available on the differential diagnosis list, but a skillful and competent doctor would have done it under similar conditions.
- The doctor had actually included the correct diagnosis found on the differential diagnosis list. However, they failed to use appropriate tests and get expert advice from specialists to verify if the respective diagnosis is viable.
Under certain instances, the doctor cannot get a correct diagnosis done because of the faulty equipment used in the laboratory. Or, it can happen due to a human error of the laboratory staff. In this case, the doctor will not be liable for such error, another person might.
Has the misdiagnosis caused any harm to the patient?
The patient must be able to prove that he is suffering from unpleasant conditions caused due to the misdiagnosis. Example: if a person is misdiagnosed to have cancer and had to undergo a treatment that comes with severe side-effects. In addition to that, misdiagnosis can occur in emergency rooms more often than the other places.
Well, medical malpractice is a very complex case to handle so you must get the assistance of a well-experienced, specialized lawyer for that.
This article provided by Wagners Personal Injury Lawyers in Halifax
1869 Upper Water St, Suite PH 301
3rd Floor, Pontac House
Halifax, NS, B3J 1S9 Canada