Our Daytona Beach Law Firm Handles Medical Misdiagnosis Claims
Medical Misdiagnosis is a Serious Problem
If you experienced injuries that were caused by another’s negligence, you may seek compensation in a personal injury lawsuit. Individuals, corporations, and other parties have a duty to exercise reasonable care and caution and to behave in a manner that does not harm others. When a person acts in a negligent manner, he or she may be held accountable for their actions. Many medical malpractice lawsuits arise from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor’s diagnosis error leads to incorrect treatment, delayed treatment, or non-treatment, a patient’s condition can be made worse, or they may even die. If you have been harmed by a misdiagnosis, the negligent party may be held responsible in a medical malpractice lawsuit.
How a Wrong or Late diagnosis from your Doctor can Lead to a Medical Malpractice Lawsuit
Many medical malpractice lawsuits arise from the delayed or misdiagnosis of a medical condition, illness, or injury. Should a doctor’s diagnosis error mean the incorrect treatment, delayed treatment, or delayed diagnosis of a medical condition, a patient’s condition can be made worse or prove fatal to the patient.
What is Needed to Prove Medical Malpractice
Several things must be proven for a medical malpractice lawsuit:
- A doctor-patient relationship existed.
- The doctor was negligent, and the doctor did not provide treatment in a reasonably skillful and competent manner.
- The doctor’s negligence caused actual injury to the patient.
Most medical malpractice cases are ruled based on whether the doctor was negligent and whether that negligence caused harm to the patient. In a medical malpractice case based on diagnostic error, the patient must prove that a doctor in a similar specialty, under similar circumstances, would not have misdiagnosed the patient’s illness or condition. Two things need to be proven: The doctor did not include the correct diagnosis on the differential diagnosis list, and a reasonably skillful and competent doctor under similar circumstances would have. Additionally, it may be demonstrated that the doctor included the correct diagnosis on the differential diagnosis list, but failed to perform appropriate tests, or seek opinions from specialists to investigate the viability of the diagnosis.
Did the Misdiagnosis Harm the Patient?
The patient must also prove that the doctor’s negligent misdiagnosis or delayed diagnosis caused the patient’s injury or condition to regress further than it would have had the correct diagnosis been made in a timely manner.
What Kind of Compensation Can You Seek in a Medical Malpractice Lawsuit?
A victim in a personal injury lawsuit involving a misdiagnosis can seek compensation for:
- Medical and hospital expenses, past and future
- Mental and physical pain and suffering
- Physical impairment, disfigurement
- Lost income
- Lost earning capacity
- Loss of consortium
- Lost capacity to enjoy life
Personal Injury Representation from Board Certified Trial Specialist William Ogle
If you have been harmed by a medical misdiagnosis caused by a doctor’s negligence, the party at fault should be held accountable. Daytona Beach personal injury attorney William Ogle and Parama Liberman are experienced, effective, and successful plaintiff’s rights lawyer. William Ogle also holds the distinction of national board-certified civil trial specialist. With thousands of successful settlements and court awards over the past 30 years, attorney Ogle is fully prepared to help you pursue the highest compensation for your claim.
Contact a Daytona Beach Medical Misdiagnosis and Negligence Lawyer
If a loved one lost their life as a result of another’s negligence, the survivors may seek compensation in a wrongful death lawsuit. For more information, contact Daytona Beach personal injury attorney William Ogle for a Free Case Review. No Fees Unless We Win Your Case. Call or text our Daytona Beach office at ( 386) 253-2500 or Our Alachua office at (386) 462-0476.