When you go to see a doctor, you’d expect to receive professional care and recover from your illness. However, this is not always the case. Over the years, millions of people have sustained injuries or have lost their lives due to the negligence of their treating physicians in the US. Radiologists are sometimes the medical professionals directly responsible for this negligence – so can you sue them for your injuries?
In general, you can sue any physician or medical professional whose mistakes cause you serious injuries. This includes radiologists, who can be sued for malpractice and misdiagnosis in Arkansas. However, you need to prove that they committed malpractice before you can get compensation.
Our Fayetteville medical malpractice attorneys offer free case reviews to patients seeking compensation for radiological malpractice. Call our attorneys today at (479) 316-0438 to set up your free case review.
Can Radiologists Be Sued for Misdiagnosis in Arkansas?
Every year, thousands of unsuspecting patients are injured or are victims of wrongful death because of medical negligence. This may sound hard to believe, especially when you entrust your safety to the hands of what you consider a prepared professional. According to official sources, medical negligence or medical malpractice is the third leading cause of death in the US.
Medical malpractice is not limited to a specific practice. Any doctor, nurse, or any other healthcare professional could be liable for malpractice. This includes radiologists, who are also at risk of making mistakes that can put a patient’s life in danger.
Like any other licensed medical professional, radiologists are expected to perform their duties as any other prudent, reasonable care provider in the same situation would. These professionals can be held accountable if their performance falls below the standards set by the medical community.
Radiologists have to spend years learning how to read and interpret results from things such as CT scans, PET scans, and MRIs, among other types of imaging. A radiologist’s role is to consult with the medical staff to identify and diagnose an illness accurately. If a radiologist makes a mistake when evaluating and interpreting an image, the radiologist can be held liable. In other words, the radiologist in charge of evaluating your medical imaging can be sued for mistakes in carrying out that duty.
Filing a Lawsuit Against a Radiologist for Misdiagnosis in Arkansas
As an injured patient, you have the right to fight for compensation. You can achieve this by filing a personal injury claim in Arkansas against the liable radiologist. To sue your radiologist for misdiagnosis in Arkansas, you will need to follow a series of steps.
As a plaintiff in a medical malpractice case, you have the burden of proving the defendant’s negligence. This can be a challenging process due to the nature of your case. Most medical negligence cases are complex and difficult to navigate. For this reason, it is essential to hire an Arkansas personal injury attorney who can guide you through your medical malpractice claim.
To establish your radiologist’s malpractice, you will first need to establish that their performance fell below what is known as the “standard of care.” The standard of care refers to the level of care a reasonably prudent medical professional with similar experience and training would provide to a patient under similar circumstances. In other words, would another prudent radiologist, under the same conditions, have provided you with the same care or would they have avoided the same errors? If they would have avoided the errors, the court can find your doctor liable for negligence.
A caveat to keep in mind is the medical professional’s negligence or mistakes must have resulted in harm in order for your claim to amount to malpractice. If your radiologist made a mistake while reading your medical imaging, but another doctor caught the mistake and there was no injury or delay in care, there would be no grounds for a medical malpractice lawsuit.
Filing Misdiagnosis and Malpractice Claims Against Radiologists in Arkansas
Once you determine you have grounds for a medical malpractice claim, you may start the filing process. Filing your lawsuit with the courts is a straightforward process.
Generally, you will present your claim to the court and serve the lawsuit’s documents to the defendant. Once the process starts, you will be required to show the evidence supporting the defendant’s negligence. Generally, you are required to prove a set of elements.
First, you will need to establish a doctor-patient relationship. To achieve this, you may present your medical records to prove your radiologist provided you with their medical services. A mere opinion from a radiologist outside a medical office is not enough to establish the required professional relationship.
After establishing a doctor-patient relationship, you will need to prove the defendant owed you a duty of care. As mentioned, medical professionals have to meet a set standard of care. During this stage, you will likely need the expert testimony of another radiologist to show the medical standard of care for a radiologist.
The next element in your claim requires you to establish a breach of duty. During this time, you should provide evidence showing how your radiologist deviated from their medical standard of care. The next element in your claim – and often the toughest to prove – is causation. Causation requires you to establish a clear, concrete connection between your radiologist’s actions or omissions and your subsequent harm. Finally, you are required to show the court the harm you suffered due to the defendant’s negligence.
After showing the existence of all of the elements in your claim, you may get compensation. The amount of compensation you may get can change depending on the particular circumstances of your case. It is always in your best interest to consult with a Sebastian County medical negligence attorney who can help you understand what you can expect from your case.
Personal Injury Attorney Serving Radiologist Misdiagnosis Victims in Arkansas
If you or a loved one was injured or was exposed to a higher risk of death because of a radiologist’s negligence, we can help. To learn more about our services in a free, confidential consultation, call our Arkansas personal injury attorneys today at (479) 316-0438.
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