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Malpractice Standards – Failure to Diagnose

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 standards in a legal case for failure to diagnose a medical condition in medical malpractice.

There are four factors of negligence that must be met in a medical malpractice claim. These are:

  1. Duty
  2. Breach of duty
  3. Injury
  4. Causation

Malpractice Standards

To show malpractice there must be set standards according to the conduct of the medical professional. Such standards are set out by the:

  • Medical profession in the area, state or nation
  • Office
  • Hospital
  • Practice

If the doctor did not perform according to the standards then such standards were violated. And these actions may rise to level of medical malpractice.

Failure to Diagnose

Failure to diagnose requires that the physician perform their duties appropriately. It also requires that the doctor allow sufficient time and care in order to discover the ailment of the patient. However, the failure to diagnose is not always the fault of the doctor as conditions are not easy to uncover. Different illnesses may look like other illnesses or diseases and may appear as one or both. In some cases, conditions may show no symptoms whatsoever and may go untreated until they show signs.

There are many situations that could prevent medical malpractice when it comes to failure to diagnose. Failure to diagnose rises to medical malpractice when the failure causes injury due to lack of administering the proper treatment. Medical malpractice may happen if the doctor fails to:

  • find the true cause,
  • prescribes medication or treatment that is useless to the body or causes further harm

Such treatment may take away important funds from the patient when they need something totally different. Then the doctor or hospital may owe damages to this patient.




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