Has your doctor failed to properly diagnose the condition you are suffering from? One reason for this could be medical malpractice. If this is the case a lawyer can assist you to get compensation for your losses. This article will discuss what consideration a lawyer can give when failure to diagnose a medical condition rises medical malpractice.
Lawyer Consideration of Medical Malpractice
A lawyer hired in medical malpractice cases must prove the four elements of negligence. Additionally, s/he must show how the doctor is the reason for the injury resulting from the failure to diagnose. However, before the lawyer can provide any assistance to start the case, they must consider the matter carefully. This is done by taking all factors and elements of the case into consideration.
Some of the things to take into consideration are:
- If the doctor acted out of negligence – if this is the case then the case has a very high chance of success in court or through a settlement
- Did the doctor act as the medical standards dictate and within the scope of duties? If so, then that rules out medical malpractice
- Examining the four factors of negligence and seeing if they are met
The lawyer must establish and examine the case. He or she must see if the four factors of a negligence claim have been met:
- Existence of an owed a duty of care – Such a duty exists because of the doctor-patient relationship.
- Breach in the duty of care – such as through injury or a failure to diagnose.
- Actual harm must have occurred – some form of injury because of the doctor, such as cancer going undiagnosed and untreated leading to further harm in the body
- Causation – injuries and the breach require a reason they are connected. This connection is important to leading to damages owed and must be clearly defined and outlined in the courts.