medicalBotching a surgery and leaving an item within a patient after a surgery are not the only ways that medical providers can become liable for medical malpractice. When a doctor fails to diagnose a proper condition or fails to timely diagnose a certain condition, illness or injury, a patient will likely have a valid claim for malpractice.

Malpractice lawsuits predicated on the failure of a medical care provider to properly and timely diagnose a condition must be proven in a very specific way. Failure to prove the specific elements necessary for a successful malpractice action can be devastating, and without the proper assistance of a medical malpractice lawyer, this nightmare can become a realty. Ensure that you are properly represented before you start your medical malpractice suit.

How To Prove Malpractice Based on Failed or Delayed Diagnosis

A doctor making a mistake with their diagnose is not enough to give rise to a valid malpractice suit. Certain elements must be present before this failure to diagnose or delay in diagnosis can be considered medical negligence. To prove that a medical provider’s failure to diagnose or delay in diagnosis rises to the level of medical malpractice, a victim must show the following:

  1. That at the time of the injury, there existed a doctor-patient relationship between the victim and the doctor that would necessitate the need for the doctor to engage in recommendations for treatment, diagnoses, etc.
  2. That the doctor was indeed negligent. This would simply mean that the doctor did not afford treatment to a patient with the reasonable level of skill and competence normally expected of such a doctor. It would need to be shown the doctor was negligent in his or her attempts or lack of attempt to diagnose a patient’s condition.
  3. That the negligent behavior of the doctor led to the injuries alleged by the victim.

Errors in diagnosis can be made even while utilizing reasonable skill and care, and not every misdiagnosis leads to an injury. For this reason, it is important to have well-documented information as it pertains to your doctor’s diagnosis. Once you have compiled all of the information you can that relates to your injury and acquired the services of a Charlotte law firm that specializes in medical malpractice, you will be ready to go forward with your medical malpractice suit.

If you or a loved one has sustained an injury due to the misdiagnosis or delayed diagnosis of an illness, injury or disease, you may be entitled to compensation. Call Campbell & Associates today for a free consultation with one of our medical malpractice lawyers in North Carolina.

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