Medical Malpractice – Legal Help

Posted by Kristen White
8
Jul 27, 2020
434 Views
Has your doctor failed to properly diagnose the condition you suffer from? One reason for this could be medical malpractice and a lawyer can assist you based on your injury and the negligent acts of the medical professional. This article will discuss what help a lawyer can give when failure to diagnose a medical condition rises medical malpractice.

A lawyer hired in medical malpractice cases must prove the four elements of negligence and how the doctor is the reason for the injury that occurred as a result of the failure to diagnose. However, before the lawyer can assist with any other processes connected to failure to diagnose, the legal professional will need to consider the matter carefully. If the doctor acted out of negligence then the case has a very high chance of success in court or through a settlement out of court. However, if the doctor acted as the medical standards dictate and within his or her scope of duties, then that rules out medical malpractice. Only by understanding the four factors of negligence can it be determined whether or not to pursue a claim.

In standard circumstances the negligence claim requires that the doctor owed a duty of care. Such a duty exists because of the doctor-patient relationship . Thereafter, this duty of care must undergo a breach, such as through injury or a failure to diagnose. This breach must cause some form of injury because of the doctor, such as cancer going undiagnosed and untreated leading to further harm in the body. The injuries and the breach require a reason they are connected, such as causation. This connection is crucial to leading to damages owed and must be clearly defined and outlined in the courts.

If the doctor did not perform to his or her best in accordance with the standards of the office, hospital or special practice then he or she may violate such standards and these actions rise to medical malpractice. The failure to diagnose requires that the physician perform their duties appropriately and allow sufficient time and care in order to discover the ailment of the patient. That being said, the failure to diagnose is not always the fault of the doctor as conditions are not easy to uncover. Different illnesses mirror each other and may appear as one or both. Additional conditions may show no symptoms whatsoever and may go untreated until they show signs.

There exist many situations that could prevent medical malpractice when it comes to failure to diagnose, these issues are usually part of this type of claim. Failure to diagnose rises to medical malpractice when the failure causes injury due to lack of administering the proper treatment. If the doctor fails to find the true cause, he or she may prescribe medication or treatment that is useless to the body or causes further harm. Treatment may take away important funds from the patient when they need something entirely different. Then the doctor or hospital may owe damages to this patient.

If you are looking for Anchorage lawyers  specializing in medical malpractice contact a law firm of renowned professionals.
Resource Box: The author recommends the Crowson Law Group as the best lawyers in Anchorage Alaska .
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