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A professional is held to a higher standard than someone with no knowledge of proper procedure. To determine whether someone is guilty of malpractice, the courts will look at whether the accused has the status of a professional. No one can sue the receptionist at a medical center for malpractice.
Here are some steps you should take when misdiagnosis happens to you. Get a Second Opinion. ... Document Everything. ... Undergo Recommended Treatment. ... Consult With a Medical Malpractice Lawyer.
How To Prove Misdiagnosis A doctor-patient relationship was established between you and the medical professional you wish to sue. The doctor was negligent in providing treatment. The doctor's negligence caused an injury to the patient. The patient's injuries led to actual damages, such as medical bills.
Yes. If a medical professional's mistake caused you injury or resulted in a loved one's death, you can bring a lawsuit against them for failing to act ing to the accepted standard of care. It's important to note that a misdiagnosis alone is not always grounds for a lawsuit.
To maintain a legal claim for being misdiagnosed, you must show that your doctor failed to provide you with the proper standard of medical care and that this failure caused you to suffer injury.
Failure to diagnose and misdiagnosis of an illness or injury are the basis of many medical malpractice lawsuits. Misdiagnosis on its own is not necessarily medical malpractice, and not all diagnostic errors give rise to a successful lawsuit. Even highly experienced and competent doctors make diagnostic errors.
A Second Opinion Verifies a Misdiagnosis If the other doctor takes the time to take a thorough medical history, performs tests to verify his or her assumptions, and arrives at a diagnosis that is different from your original diagnosis, this may be proof that you were initially misdiagnosed.