What You Need to Prove in a Delayed Diagnosis Lawsuit
Are you considering filing a delayed diagnosis lawsuit? Before you do so, you must know what you need to prove in a delayed diagnosis claim.
You need to prove the following in a delayed diagnosis lawsuit:
- That the doctor made a diagnostic error.
- That the doctor failed to meet the established standard of care.
- That you were injured due to the delayed diagnosis.
It can be very challenging to prove all of this in a court of law. At Sommers Roth and Elmaleh, we can help you pursue your delayed diagnosis lawsuit.
What is a diagnostic error?
These are the three most common types of diagnostic errors:
- Delayed diagnosis. A delayed diagnosis occurs when a doctor provides the correct diagnosis for an illness (for example, cancer), but does not provide it in a reasonable amount of time.
- Missed diagnosis. A missed diagnosis occurs when a patient presents their doctor with all the details they can about their symptoms, but the doctor fails to recognize the patient’s injury or illness correctly.
- Misdiagnosis. A misdiagnosis occurs when a doctor incorrectly diagnosed an illness or an injury. For example, a doctor thinks your stomach pain is due to a virus when you actually have stomach cancer.
Diagnostic errors can occur for various reasons, including a doctor’s failure to order the proper screening tests, a failure to review the patient’s medical history, or a failure to refer the patient to a specialist. Any of these errors can result in a delayed diagnosis, which may lead you to file a delayed diagnosis lawsuit.
What is an established standard of care?
Put simply, an established standard of care is the reasonable level of care you should have received from your doctor or any other medical provider.
In a delayed diagnosis lawsuit, proving that a doctor did not meet an established standard of care can be challenging. These are some of the factors that a plaintiff or their lawyer must be able to prove:
- In a comparable situation, a similar medical provider would have acted the same way as the plaintiff’s medical provider.
- If the medical provider was a specialist, they failed to provide a standard of care superior to that of a generalist.
- The medical provider did not order or follow up on the patient’s required tests.
The expected standard of care is different for each delayed diagnosis lawsuit. As medical malpractice lawyers, we have a general knowledge of medical treatment. Still, we would always rely on medical experts to help us establish that a doctor failed to meet an established standard of care.
How can I prove that a delayed diagnosis injured me?
Proving that a delayed diagnosis injured you as part of a lawsuit can be challenging and complex. Let’s say, for example, that a patient with cancer was subject to a delayed diagnosis. As part of their delayed diagnosis lawsuit, they would have to be able to:
- Prove that their cancer was present when their doctor made a diagnostic error.
- Establish that they would have received an accurate diagnosis if their doctor had provided an established standard of care.
- Establish that they would have had a better prognosis if they had received an accurate diagnosis earlier, thus enabling them to seek timely treatment.
As with establishing a standard of care, proving a plaintiff was injured by a delayed diagnosis can be quite challenging. Our medical malpractice lawyers will work with medical experts during a delayed diagnosis lawsuit to help strengthen a plaintiff’s case.
How can Sommers Roth and Elmaleh help me with a delayed diagnosis lawsuit?
To have the best chance of winning your delayed diagnosis lawsuit, working with an experienced medical malpractice lawyer is essential.
When you come to us for a free consultation about your delayed diagnosis lawsuit, we’ll discuss your situation and let you know if we think that you have a case we can proceed with. We aim to ensure that you can focus on your health and your family, and not on having to battle in a court of law.As part of your delayed diagnosis lawsuit, we’ll:
- Conduct a detailed investigation into your case.
- Obtain and review any needed medical records.
- Work with medical experts to establish that a standard of care was breached and that you were injured because of this breach.
- Constantly communicate with you on the status of your case.
We’ll also discuss what kind of compensation you may be eligible for if we win your delayed diagnosis lawsuit. This compensation can be used to ensure that your family has a secure financial future, and that you don’t have to worry about them not being provided for.
You need to be aware of the proof required for a delayed diagnosis lawsuit
We’ve explained the different types of proof needed for a successful delayed diagnosis lawsuit. The plaintiff must prove that their doctor made a diagnostic error, they didn’t receive an expected standard of care, and that the delayed diagnosis damaged their health.
At Sommers Roth and Elmaleh, our experienced medical malpractice lawyers will listen to you about your delayed diagnosis and let you know if we recommend pursuing a delayed diagnosis lawsuit. We’ll work with medical experts to help prove that you did not receive the care you should have, and work hard to obtain the compensation you deserve.
Contact Us to Learn More
Your best chance of success with a delayed diagnosis lawsuit is with the help of a medical malpractice lawyer. Call Sommers Roth and Elmaleh at 1-844-777-7372 or contact us online to learn more about how we can help you.
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