Clicky

Sueing a Doctor for Injuries Caused by Misdiagnosis or Delayed Diagnosis

by David Peel on November 26, 2013

Sueing a Doctor for Injuries Caused by Misdiagnosis or Delayed DiagnosisA misdiagnosis or a delayed diagnosis may both be reasons to sue for malpractice. However, just showing that a doctor misdiagnosed a patient or didn’t diagnose a patient quickly enough is not always malpractice. Because of this, it is important to understand what malpractice is and what the patient must prove in order to recover for malpractice.

Medical malpractice happens when a doctor or other medical professional does not perform their medical duties in a competent manner. In other words, the doctor or other medical professional must have acted differently from how another doctor or medical professional would have acted under the same circumstances.

In order to recover from a doctor for misdiagnosis or delayed diagnosis, the patient will have to show that a patient-doctor relationship existed. If a patient goes to a doctor and the doctor begins treating the patient, it is easier to prove the existence of a patient-doctor relationship. However, if a patient hears a doctor giving advice to someone else, and the patient follows that advice, no patient-doctor relationship exists.

The injured patient must also prove that the doctor was negligent. This means that the patient has to show that the doctor acted incompetently and that another doctor would have acted differently under the same circumstances. Just because the doctor misdiagnosed a patient or did not diagnose the patient quickly enough does not necessarily mean the doctor is liable for malpractice.

And, the patient would also have to prove that the doctor’s negligence caused harm to the patient. For a misdiagnosis or delayed diagnosis, the patient can show that the condition or illness progressed or worsened more than it would have had the doctor diagnosed it correctly from the beginning. The patient can also show that this had a negative effect on his treatment of the condition or illness.

If you or someone you know is interested in more information, Mr. Peel can be reached through PeelLawFirm.com. Mr. Peel specializes in personal injuries. He is very involved with the Christian community, and is often asked to address various groups. Mr. Peel is an attorney in the Millington, Tipton County and Memphis, Tennessee area.

Previous post:

Next post: