When you are in pain, whether because of an illness or an injury you suffered, you visit a doctor so that they can diagnose your condition and create an effective treatment plan. The desired goal is to improve your situation by relieving any pain and discomfort you might be having. However, in some instances, doctors do not diagnose their patients properly.
Some doctors either misdiagnose their patients or fail to diagnose them promptly. When either of these two occurs, a patient’s condition will likely worsen, putting them in even more pain. By the time a healthcare provider recognizes the issue and provides the patient with a proper diagnosis, the treatment needed is often far more extensive and expensive.
Delayed diagnosis and misdiagnosis are both prime examples of medical malpractice. A healthcare professional has an obligation to accurately diagnose a patient to provide them with appropriate care and treatment. When they fail to do so, patients often suffer unnecessary pain and suffering.
Fortunately, you can fight back and recover damages for injuries you sustained due to a delayed diagnosis or misdiagnosis. While filing a medical malpractice lawsuit might feel like an uphill battle, it is often the only way to ensure you recover the compensation to make up for the pain and suffering you experienced.
At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., our team of expert medical malpractice attorneys understand the difficulty of these cases. However, our team understands the legality of these cases, and we have the skills, knowledge, and experience needed to thoroughly put a case together and present it in a courtroom.
Filing a Delayed Diagnosis or Misdiagnosis Lawsuit
Before we move further, we should differentiate between the two cases. While they both share similarities and are both medical malpractice cases, there are some key differences:
- Delayed Diagnosis: A doctor eventually makes the correct diagnosis, but they do so after much delay, which often leads to worsened symptoms.
- Misdiagnosis: A doctor makes a diagnosis, but it is the wrong one. This diagnosis leads to incorrect treatments, which leads to the condition worsening.
To ensure your case is a success, you must prove that a doctor was negligent or reckless in their treatment. That means you must prove:
- A relationship between the doctor and the patient existed
- The doctor was negligent and breached the standard of care
- This negligence caused the patient to suffer further injury or pain
To prove that a doctor was negligent in their misdiagnosis or delayed diagnosis, you compare them to another competent doctor in the same or similar medical specialty and how they would have diagnosed the patient under similar circumstances. In other words, you have to prove that the doctor lacked the level of skill and competency required in their medical field, and that is what led to the negligence.
In all cases of medical malpractice, an expert witness is required. In these cases, this witness will evaluate the doctor’s diagnosis method (checking to make sure it was an appropriate method) to determine if they met the adequate standard of care.
Filing a delayed diagnosis or misdiagnosis lawsuit is a complicated process. However, the medical malpractice attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. possess the legal proficiency and skills that give us an advantage throughout the legal process. We take an aggressive approach to ensure that all of our clients across Louisiana and Mississippi experience the justice they deserve.