Richmond Failure to Diagnose Attorney
Patients trust that when they go to see a doctor, they will receive the treatment they need for certain conditions and illnesses. Unfortunately, doctors and other healthcare professionals sometimes make mistakes. When a mistake involves failing to properly diagnose a certain condition, it results in serious harm to the patient. In some cases, a patient may not survive because an undiagnosed condition may become worse.
Patients that are harmed due to a doctor’s failure to properly diagnose them can hold the doctor liable for medical malpractice. These claims are not easy to file though. A Richmond failure to diagnose lawyer can help victims and their families recover the full compensation they deserve.
Mistakes vs. Medical Negligence
While it is true that doctors sometimes make mistakes, not all of them are acts of negligence. To file a lawsuit based on a failure to diagnose, you must prove certain elements of your case. The four facts you must prove are as follows:
- You had a doctor-patient relationship with the physician
- The doctor acted negligently
- You suffered harm as a result
- The doctor’s negligent act was the direct cause of your injuries
Negligence is never easy to prove, but it can become even more challenging in medical malpractice cases. Medical negligence occurs when a doctor does not provide the same standard of care another doctor would have in the same situation. If you can prove this, you likely have a valid failure to diagnose lawsuit.
Determining Liability in Failure to Diagnose Cases
Like all personal injury claims, when filing a medical malpractice claim, you must identify the liable party. This is one of the most challenging aspects of any medical malpractice case. You may assume the doctor is liable, and that may be the case if they:
- Did not act in the same manner another reasonable doctor would have in the same situation
- Failed to order an exam or medical test that could have identified the condition or injury
- Did not properly interpret the results of a medical procedure or test
- Did not refer the patient to a specialist when necessary
While doctors are commonly liable for a failure to diagnose, that is not always the case. For example, if a lab technician mixed up samples provided by patients, it could result in a failure to diagnose a condition. Or, if the equipment used to diagnose a condition was defective or faulty, that could also cause a failure to diagnose. A medical malpractice lawyer will consider the full facts of a case to determine which party was liable for any harm the patient suffered.
Let Our Virginia Medical Malpractice Lawyers Help with Your Case
If you or someone you love has suffered harm as a result of a doctor’s failure to diagnose, our Richmond failure to diagnose lawyers at MichieHamlett are here to help. Call us today at (434) 951-7200 or fill out our online form to schedule a meeting with one of our skilled attorneys so we can review your case.
