Most of the medical malpractice lawsuits are believed to stem from either a misdiagnosis or delayed treatment. A delayed diagnosis of an illness, an injury or a medical condition can cause lifetime worth of problems or even worse, fatality. This may compel one to draft a lawsuit, hence the need for a wrongful death lawyer. However, it is important to note that a mistaken diagnosis alone is not enough to file a medical malpractice lawsuit.
What Is Needed to Sustain a Medical Malpractice Lawsuit?
Believe it or not, doctors are not necessarily held legally responsible for errors in diagnosis. Instead, there are at least four things that a patient must prove for them to sustain a medical malpractice lawsuit:
1. The Doctor’s Negligence
There’s nothing as bad as an individual consciously not doing their job properly. It gets worse if it has effects as grave as the ones caused by a misdiagnosis. One has to prove the doctor’s negligence in pursuit of a medical malpractice lawsuit.
2. An Error in the Diagnostic Tests
Most times these are not as straightforward as a doctor advising for dialysis for a head concussion. Negligence could lead to an error in diagnosis tests, which leads to the next, which is causing harm to the patient.
3. Harm on the Patient Due to a Misdiagnosis
Could be an injury, death, or even an allergic reaction despite having communicated beforehand. However, if the allergic reaction, however, prevented a bigger calamity, your lawsuit against the doctor might not stand.
4. Proof of a Personal Relationship with the Doctor
As much as most lawsuits hinge around the three listed above, another could prove the patient hires the doctor. You have to prove that you had hired the doctor in question, and for you to sue them, there must have been a relationship between you. Not a doctor you overheard at a party giving advice that you thought would suit you and took it in.
What Are Some Examples of Medical Malpractice?
Medical malpractice could be an improper diagnosis or a delayed diagnosis. Either of the two could cause damage to a patient. Whether short or long term. Here are some of the examples of delayed or improper medical treatment.
Treatment not Being Aggressive Enough
Due to nothing but the medical team’s negligence, things could go wrong and missing one detail could turn the whole treatment around, not for the better. For instance, a patient that needs surgery, being prescribed for pain killers.
If this happens, most times, it could just be a way of siphoning one’s medical cover, but most times it’s a mix-up. A doctor takes another patient’s documents and diagnosis, and one is given a surgery that is not meant for them. This could get very complicated. Imagine giving a heart transplant to the wrong patient, then having to either redo the procedure twice. Even worse, something goes wrong.
Giving Incorrect Medication
An error at the pharmacy or a simple misdiagnosis could cause an incorrect prescription. Say the prescribed medicine is inappropriate for the patient’s condition.
Suppose The doctor lacks to communicate with the patient about the test results or treatment options. This could leave the patient completely in the dark, especially if there is a serious condition involved.
Finally, it is good to note that this list is not exhaustible and circumstances change as per the situation at hand. This means that there many undocumented and documented ways that patients have received the wrong treatment.