If a doctor
makes a wrong diagnosis, does that indicate medical negligence, hospital
neglect, or medical malpractice? While this may be possible, the onus is on the
plaintiff to prove certain things according to Little Rock, AR medical
malpractice lawyers and there is none better than Sheila Campbell.
Medical negligence
As is the case
with any other personal injury claim, the responsibility of providing evidence
and proving that the healthcare professional was negligent, is always with the
plaintiff. In a medical malpractice case, a court usually interprets negligence
as a doctor’s failure in exercising the degree of skill and care in his/her
chosen specialty. This is done by considering the advances in the medical
profession as well as the resources available to the physician.
Medical diagnosis
The term medical
diagnosis signifies the identification of a problem that is medical in nature.
If the patient’s condition is complicated, a doctor can only state that his/her
diagnosis about the condition remains merely a professional opinion about until
more tests are performed. For example, if the patient has a headache,
additional tests are necessary before the doctor makes a final diagnosis, as a
headache can be caused by various factors.
Is wrong diagnosis always an indication of
negligence?
Central Arkansas
medical malpractice attorneys such as Sheila Campbell know that as medical
malpractice is in fact based on a healthcare professional’s negligence the
doctor’s actions are evaluated against that of an average physician practicing
the same specialty. For the most part, determining whether a diagnosis was
negligent will depend on the nature of the
victim’s condition. Misdiagnosis of a simple medical problem can be considered
negligent while misdiagnosing extremely complex issues may not be deemed as
negligence.
Legal
professionals stress the fact that while evaluating if a physician was
negligent in the diagnosis of a patient, every step that led to the doctor’s
diagnosis is compared to the typical textbook procedures. The doctor’s official
notes are reviewed in order to determine if he/she referred to the patient’s
medical history to learn everything his or her past and current complaints.
The doctor’s
actions are also evaluated to find out as to the tests that he/she ordered. If
the physician failed to order a particular test that is normally ordered for a
specific set of symptoms, that is evidence enough for medical negligence and
hospital neglect. This is where Little Rock, AR medical malpractice lawyers will
become involved much to the chagrin of the doctor and do not forget the patient
too! You think the patient is ever happy this happened? Even if they prevail
and come out on top financially in the end, two years later or perhaps, do you
think they still would not just wish this would never happen to them?
Probably not.
No matter what you will never be able to get the time back and the stress and
pain that you had to experience cannot be taken back or eradicated. But this
does not mean the other side should not pay and feel as much or more burden as
you did.
The last and
final step is to determine what the doctor did with every piece of information
that he/she received. If all the information, right from the initial diagnosis
to the secondary diagnosis, did not help solve the patient’s medical issues,
then it can be construed
as negligence or hospital neglect.
How were you harmed?
Even if the
patient can show that the doctor is responsible for misdiagnosis, he/she
shouldn’t file a case yet. A medical malpractice lawyer together with the
expert medical witnesses should be convinced that an act of misdiagnosis caused
further harm. Then the patient can go ahead and seek recompense for damages
connected with the wrong diagnosis. These damages can include the extra medical
expenses, pain and suffering the patient suffered, any permanent impairments
and disabilities, a possible shortening of the patient’s life expectancy, and
damages for the loss of enjoyment of life.
If you find
yourself in such a situation, you need a Central Arkansas medical malpractice
lawyer immediately to make sure your rights are protected and you are adequately
compensated for your losses. Pick up the phone and call Sheila Campbell.
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