No matter for what reason you’re seeing a doctor, one would expect a prompt diagnosis from them. So, in case there is too much of a delay in diagnosing and it leads to a severe health problem, the party can file a medical malpractice lawsuit against the medical practitioner. However, it is crucial to understand that just demonstrating that there was a delay in diagnosis is not enough. One also needs to show that the delay led to serious damage. So, if you fall into this category, it might be time for you to seek advice from a failure to diagnose attorney.
Delay in treatment:
So, what exactly does this mean? A delay in treatment generally implies that a patient did not receive the proper care or medical attention that would have helped them get better on time. However, make a note that waiting for an extra two to three days to get an appointment with a doctor does not count as a delay in treatment. The delay generally encompasses things like a delay in getting the results of a diagnostic test, an improper schedule and meeting it, bad planning, as well as an incorrect initial diagnosis.
Who can be held liable?
Anyone from the general practitioner, nurse, paramedic, physiotherapist, and neurologist to the orthopaedist can be held responsible for the delay.
Also, as we have already established above, the medical practitioner will only be held liable if the delay led to a serious injury.
Remember that these medical malpractice claims are usually filed in civil courts, and the damages one can recover from these lawsuits usually include the present or any long-term care that may be required to treat the injuries. One can also recover damages for loss of wage and pain and suffering.
Final thoughts:
One of the most difficult parts of winning these lawsuits is to demonstrate causation. But what does it mean? Causation basically suggests that there should be some direct relationship between the delay in diagnosis or treatment and the injuries it causes. If you believe that you may be able to handle such cases alone, you could not be more wrong. It’s very important that you seek the help of a professional since they have years of experience handling similar cases, plus the chances of you winning the claims are relatively higher. So, get in touch with a failure to diagnose attorney today.
