Another option that a lot of people recommend is to obtain the services of a medical malpractice lawyer. These legal professionals have the knowledge and experience to prove that the attending physician has failed to diagnose them properly in a court of law.
Aside from that, they can inform a person of their rights and help people select the correct course of action. They are accustomed to working with top experts in all medical specialties and are able to recover significant settlements for clients. They also consult medical experts who will review the case and note what shortcomings and mistakes were made in the treatment.
- Proving Through Errors in Diagnostic Tests
One of the ways that a lawyer can help people is by proving that the failed diagnosis was due to a diagnostic error. Although the law does not hold a physician legally responsible for all diagnostic errors, a medical malpractice lawyer can prove it in cases where they are.
They show prove that it was not due to faulty diagnostic equipment that a lot of defense lawyers will try to argue. Doctors can misread laboratory results, and laboratory technicians sometimes utilize an improper procedure that cause the result to be read inaccurately. They can also prove that the doctor probably missed something in a pathology or x-ray report.
- The Existence of a Patient to Doctor Relationship
Another way that a defense lawyer can help people with a failed diagnosis case is by showing that there is the presence of a doctor to patient relationship. This means that the doctor has a duty of care to the patient that they failed to uphold.
Although there is no agreement between the patient and the doctor, the law assumes that there is an agreement under certain circumstances. For instance, if the family member of a patient seeks treatment for an unconscious relative, the law assumes that there is some form of agreement between the patient and the doctor even if they are unable to make one.
A delayed diagnosis itself is not evidence of medical negligence. A skillful doctor can make errors even when they are using reasonable care. However, medical malpractice lawyers can help their clients claim they did not act competently.
They do this by evaluating what the doctor did and did not do when they arrived at that diagnosis. This is done by looking at the differential diagnosis approach that the doctor has utilized in making determinations on treatments.
Differential diagnosis is a systemic method that doctors used to identify a condition or a disease in a patient. Based upon the patient’s preliminary evaluation, they make a list of diagnoses in order of probability. They then test the strength of each diagnosis by making further patient observations while at the same time asking detailed questions about their medical history and symptoms, referring them to specialists or ordering tests.
In a failed diagnosis case, lawyers can prove that a doctor who has the same specialty would not have misdiagnosed the illness or condition. Aside from that, they can also show that they failed to seek opinions from specialists and perform appropriate tests in order to investigate the viability of the diagnosis.
- Proving That it Caused Harm
Medical Malpractice lawyers can also prove that the failed diagnosis eventually caused harm to the patient beyond what it normally would have if the correct diagnosis had been made in a timely manner and that its progression has a negative impact on its treatment.
In the case of cancer, they could show that, due to a delayed diagnosis, the patient had to undergo a more severe treatment program. They can also prove that the patient has been harmed even if the condition can still be treated.