Is making the wrong diagnosis medical malpractice?

The question we are asking today is if making the incorrect diagnosis can be classified as medical malpractice or hospital neglect? And if so, can the healthcare professional or organization be sued in civil court for the damages.

If you or someone you know has been affected by negligence on part of a medical professional or healthcare provider then the best course of action would be to reach out seek legal recourse as soon as possible to discuss what options you have in order to recover economic and non-economic damages with a Jacksonville, FL medical malpractice lawyer.

Medical Malpractice is Negligence Based

What the judicial system looks for while determining whether or not medical malpractice was committed is if the defendant acted negligently or failed to act in an acceptable manner. There is an accepted standard of medical care which is established for most medical conditions and when it is found that the defendant provided healthcare which was not up to this acceptable standard of care then it is said to be medical malpractice.

However, just like with any other civil lawsuit, the burden of proof in a medical malpractice or hospital neglect claim is also on the plaintiff and his or her Northeast Florida medical malpractice attorney.

You may have seen the TV shows and movies where a doctor made a terrible mistake or was just derelict in their duty. You thought this would not happen to you. What are the chances? Pretty slim. But sometimes the dice does not roll our way at all. This is when this website: http://medical-malpractice.usattorneys.com/florida/ should become a part of your life like righteousness became a part of Saul's life when God spoke to him with the bright light when he was on his way to Damascus. If you need a Jacksonville, Florida Medical malpractice lawyer, that is the website for you. The Internet is wonderful and websites like that make the Internet even more valuable. There is no reason to guess about your possible health claim, make the phone call to a lawyer and find out.   

This basically means that the plaintiff is responsible for proving that the defendant acted negligently and therefore committed medical malpractice. In order to be able to prove this, the plaintiff will need to present evidence which can be in the form of paperwork, medical records, witness statements and also medical expert testimonies.

What is medical diagnosis?

Medical diagnosis is merely the correct identification of the medical condition that a patient may be suffering from given the symptoms and resources such as scan reports, blood reports, and the related tests. Obviously, making the correct diagnosis is imperative in order to be able to actually treat the condition.

A wrong diagnosis will lead to the patient being administered wrong medication which will not only do nothing to help but can also sometimes aggravate the actual underlying medical condition and Jacksonville, FL medical malpractice lawyers and have seen cases like this many times.

Does incorrect medical diagnosis equate to medical malpractice?

Sometimes, in the vast expanse of the medical sciences, it can in fact be very hard to diagnose a condition. There are complicating factors where the patient may not exhibit some of the symptoms or the patient may suffer from symptoms which can point to another medical condition. In addition, the patient may just have a very rare medical condition.

For the most part, in some cases a doctor cannot be held legally liable for having made the wrong medical diagnosis. However, there is an accepted average that exists and this is what is considered by the judge or jury in the process of determining if medical malpractice occurred.

Jacksonville, Florida Medical malpractice lawyers tell us that when the standard of care provided by the defendant was not up to the accepted average or normal protocol then medical malpractice is deemed to have taken place. The plaintiff may then be awarded compensatory damages for medical malpractice or hospital neglect.