Our Daytona medical malpractice attorneys at Zimmet & Zimmet have dealt with a lot of medical malpractice cases over the years. One of the common errors made by medical professionals is when it comes to diagnosing an injury or illness.
Today’s article is about the ins and outs of misdiagnosed or delayed diagnoses in medical malpractice lawsuits.
Medical malpractice can sometimes be a difficult thing to prove, but here are some of the key elements necessary for proving medical malpractice based on diagnostic errors:
- A doctor-patient relationship must have existed
- The doctor did not provide treatment in a competent manner or provided careless treatment which displayed negligence
- The doctor’s negligent actions or inactions caused further harm to the patient
It is important to note that just because a mistake in diagnosis was made, does not mean that medical malpractice occurred. The key is negligence and whether that negligence caused harm.
In any medical malpractice case the patient and their attorney must prove that a different doctor in the same circumstances would not have misdiagnosed the patient’s condition. But sometimes a doctor fails to correctly diagnose a condition due to errors by diagnostic equipment or errors on a laboratory test. In this situation, the doctor may not be responsible for damages, but someone else may be—such as a lab or equipment technician.
Medical malpractice cases always deal with complex legal issues and scientific data, so it is highly advised that you seek the help of an experienced Daytona medical malpractice attorney. Click here or call Zimmet & Zimmet today at (800) 934-1020 to speak with an attorney.