Do you believe that you have a medical malpractice lawsuit?
Most of the time, medical malpractice lawyers in Fort Lauderdale see two types of lawsuits. These two lawsuits are based off of misdiagnosis or delayed diagnosis. These two lawsuits may arise after a medical condition, illness, or injury hasn’t been taken care or put off for too long and they can pertain to many different items such as:
- Delayed treatment
- No treatment at all
- Incorrect treatment
However, a simple mistake in a patient’s diagnosis is not enough to validly claim a medical malpractice lawsuit. There are different ideas that you will have to prove in your lawsuit that are based on the misdiagnosis that you believe occurred, the different types of errors that happen is diagnosing, and why emergency rooms are the most common place that misdiagnosis occurs. By hiring a Fort Lauderdale medical malpractice attorney they can sit and talk with you about your situation and let you know if they feel that you have valid lawsuit worth taking to court.
How can you prove your medical malpractice lawsuit based on diagnosing errors?
Generally, when it comes to state laws, doctors cannot be held responsible legally in diagnosing errors. This is because patients are required to prove three different items in order to win a medical malpractice lawsuit based on an error in a diagnosis. These three items are:
- That a doctor-patient relationship truly did exist. It is important that you must show that you (or your loved one) had a relationship with the doctor. Basically, this means that your doctor agreed to be hired to take care of you. The doctor that you are going to claim was negligent must have given you medical advice or treatment. Generally, this is easy to prove, especially if you have seen the doctor at their office more than once and appear on their patient list.
- The doctor was truly negligent and did not provide you (or your loved one) with a treatment in a competent or skillful manner. You may not have a malpractice suit if you are not happy with the treatment that you received from your doctor. You must prove that they were outright negligent, un-skillful, and not careful in the treatment or diagnosis that they gave you. You also must be able to prove that another doctor would not have given you the same treatment or diagnosis. A doctor is required to give you the best treatment that is possible and if they do not do this and it can be proved, then you may have a lawsuit.
- The negligence of the doctor is what truly caused the injury to you (or your loved one). A lot of the time, if you are seeing a doctor you may already be sick or injured. This is when the question arises of if the doctor’s treatment or diagnosis caused further injury or damage to you. For example, if a person has cancer and they die from a treatment they received, it may become hard to prove that the doctor is what caused this death and not the cancer.
The majority of medical malpractice lawsuit cases usually focus on the second or third item. Sometimes, these cases can focus on both. In order to have a successful medical malpractice suit you must know that the doctor was negligent and that negligence is what injured you (or your loved one). You will have to prove that the injury in the claim led to certain damages. The different types of damages that you can sue for are:
- Physical pain
- Mental distress
- Additional medical bills that arose from the damages
- Wages lost due to missing work because of the damages
If you feel that you have suffered from any of these damages, you have a right to schedule a free consultation with our medical malpractice lawyer in Fort Lauderdale.
How can you determine if the doctor was negligent?
Just because you receive a misdiagnosis or even a delayed diagnosis it does not mean that the doctor was negligent. Very skilled and competent doctors can make mistakes even if they are providing reasonable care. Your goal is to decide whether or not the doctor did act competently. You can do this by evaluating what the doctor did and did not do while achieving your diagnosis. What does this mean? This means that you have to look at the method that your doctor used while coming to their conclusion. You can do this by using the method known as differential diagnosis. When a doctor evaluates a patient, they make a list of possible diagnosis and then determine the probability of each. They test each diagnosis by observing you, questioning you, ordering tests, and then possibly referring you to a specialist. Doctors hope that a lot of the potential diagnoses will be eliminated by the end of their investigation process until only one possible choice is left. Sometimes, this may not be the case though. There can even be times that during their investigation process, they add more diagnoses to their differential list. When you are trying to determine if you have a medical malpractice lawsuit based on diagnostic error, you will have to prove that another doctor would not have treated your condition the same way. This means that you have to prove two different things:
- Your doctor did not include the correct diagnosis on their differential list and another doctor, under the same circumstances, would have.
- Your doctor had the right diagnosis on their differential list but did not perform the correct tests or send you to a specialist in order to test their theory.
If you feel that you can prove these two items, then it may be in your best interest to sit and talk with the medical malpractice law firm in Fort Lauderdale.
Do you know how to determine errors in diagnostic tests that were completed?
If you had tests performed in order to properly diagnose your condition and you still received a misdiagnosis, chances are they relied on inaccurate results. They could have received these faulty results from tests from the lab, films from the radiologist, or any other types of testing that was conducted. There can be two ways that these inaccurate results can happen:
- The equipment that was used for the diagnostic testing was faulty.
- Error with the human staff occurred. This can happen due to contaminating the samples or mixing them up. The staff can use a procedure that was improper, read the tests results wrong, or they missed something when reading an x-ray or the pathology slide.
If this is what happens in your situation, the doctor may not be responsible for your medical malpractice lawsuit but another person may be. The technician reading your report may be the one that is responsible. However, you still will have to prove their negligence. If you feel like this could be your situation, they you can schedule your free consultation with our medical malpractice lawyer, Ken M Frankel, P.A., in Fort Lauderdale, FL.