We all trust in our doctors, nurses, surgeons, and healthcare providers. This trust comes from the fact that these professionals spend years studying and practicing to provide excellent medical services. Sadly, they do not always perform to expectations. Every year, many patients have to pay the price of medical negligence.
Our lawyers can help if you or a loved one was injured by a doctor’s negligent actions in Fayetteville, AR. We know first-hand the challenges things like a misdiagnosis can bring over a patient’s life. That is why we dedicate our efforts to fighting aggressively for the compensation you deserve.
Call our law offices today for your free, confidential case review at (479) 316-0438.
Liability for Medical Misdiagnosis in Fayetteville, AR
When you go to the hospital or your treating physician’s office, you expect to get the medical attention you deserve. After all, every doctor swore an oath to provide care to their patients. However, they do not always provide the care required. Every year, thousands of unsuspecting patients are injured or lose their lives due to medical errors. Unfortunately, one of the most common mistakes made by physicians in the US is misdiagnosis.
If a doctor fails to timely and accurately diagnose a condition, your health and your life may be at risk. For instance, if your healthcare provider was unable to diagnose a severe condition like cancer after running tests, you may not be able to get the treatment you’d need to fight the disease. Furthermore, depending on your cancer’s stage, your life may be in jeopardy.
All doctors are required to provide their patients with care that follows the “standard of care.” Part of this professional obligation usually requires physicians to perform what is known as a differential diagnosis. Through this systemic approach, your treating physician narrows down the list of possible conditions until reaching the correct one. Many doctors achieve this by gathering detailed information from the patient and performing medical tests, as well as by getting opinions from specialists.
If you or someone you know was injured because of misdiagnosis, their doctor may be liable. Our Fayetteville failure to diagnose attorneys can help you fight for the compensation you deserve.
Causes of Misdiagnosis in Fayetteville, AR
Not all doctors are diligent when providing care to their patients. This often leads to misdiagnosis. There are different reasons why a doctor or treating physician may fail to diagnose your condition accurately and timely. For instance, one of the reasons your doctor may fail to diagnose you accurately is that they failed to recognize your symptoms.
Every condition or illness has distinct characteristics that your doctor should be able to identify. For instance, a doctor should be able to identify a heart attack by looking at the symptoms and your medical history. However, if your doctor has doubts, they might order multiple tests and scans to understand your condition better, such as an EKG. It is not an excuse to say your symptoms are difficult to identify.
Another reason misdiagnosis commonly happens is because of the failure to listen to a patient’s symptoms. No one can describe what a patient is feeling better than the patient themselves. Part of a doctor’s obligation requires them to listen to what their patient has to say to gather information about the condition. By talking with a patient, a treating physician can ask relevant questions that allow them to better understand a patient’s condition.
Another reason for misdiagnosis is the failure to order appropriate medical tests. If a doctor is not sure about the origin of a condition, they must order medical tests to diagnose their patients’ medical condition accurately. If your doctor failed to diagnose your illness because of avoidable mistakes or errors, our Fayetteville, AR failure to diagnose attorneys can help you fight for compensation.
Negligence in Diagnosis in Fayetteville, AR
It is possible to get compensation for misdiagnosis in Fayetteville, AR. You may hold the liable party accountable for your injuries through what is known as a medical malpractice lawsuit. Medical malpractice claims are part of the personal injury law, which requires you to show the defendant’s negligence to win your case.
The court will expect you to show all of the elements of negligence in your claim. Your Fayetteville, AR misdiagnosis lawyer can help you with this matter by proving the following four elements:
Duty of Care
As we mentioned, all doctors have an obligation to provide care that meets the “standard of care” to all of their patients. This professional obligation stems from the doctor-patient relationship. Proving the existence of this relationship is essential to your claim. Without it, you may not have a cause of action based on medical negligence. It is not enough to say “a doctor” was negligent – it has to be “your doctor,” and the doctor has to actually be involved in your treatment to sue them.
The doctor is then held to a standard known as the “standard of care.” Under this standard, your doctor must provide care that is reasonably competent and in line with what other reasonable physicians with the same training and experience would provide.
Breach of Duty
Part of your medical malpractice claim requires you to show your doctor failed to treat you as expected from a reasonably prudent doctor following the standard of care. The court will consider whether another doctor with the same experience and skill would have misdiagnosed you under the same circumstances. If the court determines another doctor would not have misdiagnosed you, your doctor can be found to have breached their duty of care.
Causation is one of the most challenging aspects of every personal injury case. It requires you to establish a the fact that the defendant’s actions or omissions caused your injuries and losses. This can be difficult in misdiagnosis cases where proper diagnosis might not have helped save an already terminal patient. Our Fayetteville, AR misdiagnosis lawyers can help you with this matter.
You should be able to provide evidence showing you suffered losses due to the defendant’s actions. These losses include things such as your medical expenses, lost wages, and pain and suffering. These harms are known as “damages,” and courts can compensate you for these damages if you prove your case.
Fayetteville, AR Failure to Diagnose Lawyers Offering Free Case Reviews
If you or a loved one was injured by the negligent acts or missions of a doctor or healthcare provider in Fayetteville, AR, we can help. Our Fayetteville failure to diagnose attorneys have the necessary experience, skill, and dedication to hold the liable parties accountable for your injuries. Call our law offices today and schedule your free, confidential case review. Our office number is (479) 316-0438.