Is Failure To Diagnose Patient’s Medical Condition A Medical Malpractice?

Medical Malpractice Attorney Philly

Determining the validity of a patient’s claim against a doctor’s failure to diagnose his or her real medical condition may require a lengthy investigation according to a Medical Malpractice Lawyer Philadelphia. Misdiagnosis is often considered a case of medical malpractice, but not all cases related to this error or delay in diagnosing a patient’s illness can be legally considered as medical malpractice.

When do mistakes in diagnosis arise?

The doctor is fully responsible in addressing the present medical condition of a patient. Signs and other symptoms may help the doctor confirm the illness or medical problem of the patient. Errors and mistakes in diagnosis could arise, especially at the following circumstances:

  • The attending doctor failed or missed the signs or symptoms that are evident on a patient and didn’t connect it to a certain illness. In fact, the doctor didn’t even advise any medical treatment to resolve the patient’s present medical condition.
  • Misdiagnosis does occur among patients and this happened when the doctor committed error in evaluating the medical condition of a patient. For example, instead of being diagnosed with a brain tumor, the attending doctor gave another medical condition such as chronic migraine due to the symptoms of co-occurring headaches.
  • The delayed diagnosis could be also considered as medical malpractice if the doctor took a long process before he or she can confirm the patient’s real medical condition based on signs manifested.

When any of these incidents arise while consulting a doctor and patient didn’t receive the appropriate medical care and treatment, eventually leading to his or her deteriorating health, adverse complications or worst death, then, by mandated by law according to a lawyer in Philly specializing in medical malpractice, this medical professional can be held liable and can be filed a medical malpractice lawsuit.

What should a patient show as proof in the event of a medical malpractice case?

If a patient claims he or she has been a victim of medical malpractice, the following should be given as proof:

  • The doctor failed to do his or her legal duty to care and give the right medical treatment. Under the patient-doctor relationship, it’s the responsibility of the doctor to apply all his or her medical knowledge, skills, and relevant experiences needed to cure a patient’s medical condition.
  • There is a case of breached where the attending doctor failed to diagnose accurately the real medical condition of a patient.
  • The patient’s present medical condition became worst due to error in diagnosis or wrong treatment given.
  • The mistake committed by the attending doctor caused more harm or risk to the patient.

Assessing if you really have a medical malpractice case can be a tough task. For your peace of mind that you don’t end up not knowing if you can file a medical malpractice claim, talk to a reputable Medical Malpractice Attorney Philly and be enlightened.

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