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prove the negligence
By JOE MAILLET 570 views
LAW

How to Prove the Negligence of Your Doctor After a Misdiagnosis?

When the medical system lets you down, you have a full right to recompense. Here is how to prove the negligence of your doctor when you suffer at their hands.

Doctors misdiagnose cases all the time and we accept it because it is part of life. They might tell you that you have a ‘virus’ without telling you exactly which type. They might misdiagnose a strain or a sprain. The truth of medicine is that it is not an exact science and, as such, mistakes do happen.

When your doctor fails to diagnose you correctly over small health concerns like coughs and colds, we can write it off as an error in judgment. When those errors impact your quality of life, however, a medical malpractice lawsuit might be your only means of recovering your losses.

Proving the negligence of a doctor involves many elements which complicate the case. Further, medical malpractice claims have a very short statute of limitation. A short period of one year is offered as the statute of limitations for medical malpractice.

What Misdiagnoses Lead to Medical Malpractice Lawsuits?

There are times when a doctor misdiagnoses you leading to further health complications. Medical malpractice occurs when the misdiagnosis makes your condition worse, results from substandard care, or when your doctor does not take action that otherwise results in your harm, injury, or death.

Imagine, if you would, that your doctor thinks you have the flu and prescribes you medication for that condition. Next, imagine if the medications they gave you for flu affected a pre-existing heart condition because the doctor had not read your medical records. You could find yourself making your heart problem worse with the new medication and it would be the doctor’s fault.

In another example, you go to the doctor for a sprained wrist. They treat you and send you home. Months later you still get pain, so you attend a second doctor, who sends you for an x-ray. You discover the sprain was a break and now since it did not set correctly, you have ongoing pain for the rest of your life. These are both good examples of how misdiagnosis could mean a medical malpractice lawsuit. You can visit this website for more info on what constitutes medical malpractice while we talk about how to prove it.

How to Prove your doctor’s Negligence in Misdiagnosis Cases?

There are three main components of proving medical negligence. First, you must establish that a doctor-patient relationship took place. Next, you must prove that the doctor broke the Hippocratic Oath in their negligence of your care. Lastly, your lawyer must prove that the doctor’s negligence made your condition worse.

The first part of the case is to prove that the doctor-patient relationship existed. This is the easiest part of the case since the patient will have the medical bills and such pieces of evidence. Proving the second condition of the case might be a bit harder than the first condition. The second condition is to prove that the doctor broke the Hippocratic oath. This can be hard if the doctor chooses to deny your claims. Note that the doctor will have a reputed lawyer to fight against your claim. It is best for you to hire a good medical malpractice lawyer to win your claim. The third part of the case is you should prove that your health got worse because of your doctor’s negligence. To prove this condition, one should have all the pieces of evidence. Keeping track of the treatments you received will help you to a great extent. These are some must-do measures to prove your case.

Lawsuits where you prove negligence focus on the way the doctor acted when they treated you. You must prove that they were negligent in their diagnosis. When a doctor makes an examination, they note the conditions which fit the symptoms and then perform medical tests to narrow down the potential conditions. If your condition was on that list and the doctor failed to test adequately for it and missed it, you may have a negligence case.

Another way you might prove negligence is in the diagnostic tools used. If they were faulty or broken, or if the lab contaminated or fumbled your tests, then you may prove negligence that way.

It is fair to get confused at times about medical malpractice. If you think your health condition got worse because of your doctor, file a lawsuit. But before filing a lawsuit it is crucial to consult a lawyer. Consulting a medical malpractice lawyer will give you a clear idea about your case.

Medical Malpractice should not be taken lightly. More than compensation amount, it is important to fight for your community. Because what happened to you can happen to anyone. So be sure to file a lawsuit against the negligent doctor.

Joe Maillet
Author
JOE MAILLET

Joe Maillet is an avid reader and a writer by heart. He is an author, freelance writer and a contributor writer, who write articles and blogs for various leading online media publications and for CEO and entrepreneurs from across the world. He keeps himself updated with the latest marketing trends and always recognized in the industry for providing solutions to B2B and B2C businesses.