When you see the word “negligence” in the legal world, it almost always has to do with some failure. Negligence is a common problem in many personal injury cases because it requires proof that someone did not meet a certain expected standard of care. For your claim to move forward with negligence as the primary theory, you must prove that there was an opportunity for diagnosis and treatment earlier that could have prevented or mitigated further injury. If your doctor’s actions fall under any of these categories, you may be able to file a failure to diagnose the case.
Your doctor failed to perform an initial examination.
If your doctor fails to perform an initial examination, that should be a clear sign that something is incorrect. An initial assessment is critical for your doctor to fully understand your current condition and any underlying medical issues that may need attention. If your doctor fails to conduct an initial examination and proceeds with a treatment plan based on their little information, it may be negligent.
Your doctor failed to explain your diagnosis.
Another common misunderstanding can lead to negligence in failing to explain a diagnosis fully. Diagnosis is identifying your health issues and determining the best treatment plan based on that information. If your doctor delivers a diagnosis but fails to explain how it came to be and what it could purport for you long term, you must be concerned.
Your doctor misread or misinterpreted your test results.
Test results can be a critical part of the diagnosis process. Without test results, your doctor may struggle to find the root cause of your symptoms. Unfortunately, misreading or misinterpreting test results can lead to a misdiagnosis and a course of treatment that is not aligned with your health issues. If your doctor misreads or misinterprets your test results, it can add hours or days to your diagnosis process.
Your doctor failed to refer you for further testing and care.
If you are experiencing a new set of symptoms or your existing symptoms worsen, your doctor should send you for further testing and refer you to another specialist. If your doctor fails to do so, it could indicate negligence. Your doctor should carefully consider all possible diagnoses, review your symptoms, and recommend the appropriate treatment plan.
Failure to diagnose
If your doctor doesn’t diagnose your condition earlier, you may be able to file a failure to diagnose medical negligence claim. To make a diagnosis, they will need to review your medical history, perform a physical exam, and consider the causes of your symptoms based on your medical history and the results of any diagnostic tests. Failure to diagnose injuries is also a form of medical malpractice.
Failure to warn of known risks
Sometimes, your doctor may fail to warn you of known risks related to your treatment. Your doctor may be legally required to warn you of specific dangers in some cases. When treating pregnant women for certain conditions, doctors are legally required to warn their patients of the risks to their unborn child.
Patient injury during treatment
If your doctor fails to follow proper procedure during a treatment that leads to injury, you can make a legitimate claim for medical negligence. Treatment errors may include:
- Administering the wrong dosage of a medication.
- Misusing equipment.
- Failing to clean or disinfect equipment properly.
- Observing proper sterile procedures.
- If your doctor injures you during treatment, you may be able to file a medical negligence claim.
Conclusion
You do not have to prove that your doctor intended to harm you to win a medical negligence lawsuit. You only have to prove that your doctor failed to perform at the level of care that a reasonable medical professional would have provided under the same circumstances. You need to understand what qualifies as negligence and what doesn’t.
