What is medical malpractice and how do I protect myself?

Having trust in your doctor is important which is why you may have questions if you have been the victim of medical malpractice. There are different ways in which a doctor of medical care professional may commit medical malpractice and one way is if they fail to diagnose a medical condition.

A failure to diagnose or erroneous diagnosis can result in the patient not being treated at all or the wrong medical condition being treated which can be harmful to the patient. Additionally, a delayed diagnosis can result in a worsening medical condition. If the failure to diagnose or misdiagnosis resulted in a worsened medical condition, the doctor or medical care provider responsible may be liable to the victim for the harm and damages they have suffered.

To determine if the doctor or medical care provider was medically negligent, the standard is if a reasonably prudent doctor, in the circumstances, would have considered the victim’s diagnosis and what other options they might have considered as part of a differential diagnosis. This is referred to as the standard of care. If the medical care professional deviates from the standard of care, they may be liable to compensate the victim for their damages. It is important for doctors to pay attention to the patient’s symptoms and to run the appropriate tests.

Victims of medical malpractice may be able to recover compensation for their damages including the physical, financial and emotional damages they have suffered as a result. When a patient’s trust in their doctor has been violated, it is important that they are familiar with the legal protections available to them and that they understand their rights when they have been harmed.