Understanding the Rights of a Patient
(Mecklenburg,
NC) – March 22nd, 2016 – When a professional licensed doctor
misdiagnoses or fails to diagnose cancer, he or she may be held liable for
damages and said to have committed medical malpractice. However, this is only
true in some cases and not 100% of the time. Mecklenburg, NC medical
malpractice lawyers highlight situations in which a doctor can in fact be sued
for damages through a civil lawsuit when he or she does not diagnose cancer for
what it is – cancer!
If you need legal help for a possible
medical malpractice case, click right here: Medical-Malpractice.USAttorneys. Your spirits and
possibly even health will improve if you have a proper legal representative working
with you and they are building a case for you.
Was the standard or care provided in the
case not up to the established standard of care?
In most medical malpractice cases, the
main thing that the jury or judge in charge of the case will consider in order
to help them make a decision and pass verdict is if or not the standard of care
provided in the case was substandard to the accepted standard of care for that
particular medical condition, symptoms, etc.
According to hospital neglect and
medical malpractice lawyers in North Carolina, the accepted standard of care is
already established and a medical expert will testify as to whether or not it
was met in the case in question.
This same logic applies to cases of
misdiagnosed cancer too. If the medical expert is of the opinion that the
doctor missed obvious symptoms in failing to diagnose cancer and their practice
was not up to the mark then they will conclude that the standard of care was
breached. When that happens, you can almost rest assured that the doctor will
lose the lawsuit and be held liable to pay compensation for the malpractice claim
and medical malpractice attorneys in Mecklenburg, NC have seen this many times
before.
Were the repercussions of the
misdiagnoses is avertable?
The next factor that comes into play
when judging if malpractice occurred or not is whether the results of the
misdiagnosis (death, illness, injury) could have been avoided had the doctor
diagnosed the condition in a timely manner.
So for example, if it so happens that a
patient with cancer was not diagnosed with cancer upon their initial medical
appointments and the diagnosis was delayed and the patient finally lost his or
her battle to cancer, the judge or jury will look at the nature of the cancer.
In addition, a medical expert (another doctor) will testify as to whether the
death could have been averted had the patient been diagnosed correctly and in a
timely manner when they approached the healthcare professional initially.
If it is determined that death was
inevitable regardless of how early the diagnosis was made, then it will most
probably not go into the record books as medical malpractice or hospital
neglect.
Have you seen the movie Seven Pounds?
Will Smith plays Ben and Ben is aiming to kill himself so he can help out or
save 7 people since that is how many people he was responsible for killing when
he caused a car accident. One of these people was his fiancée as well. It was a
classic case of distracted driving. Anyways Ben’s death was inevitable since
that was his goal in life, no doctor or medical professional can be blamed for
the way he was going to kill himself and the fact that he did. He used a box
jellyfish! Ouch!
Why You need a Medical Malpractice
Lawyer
If you believe you are a victim of medical malpractice
or hospital neglect and need to know how you can go about suing the negligent
parties in your case, make sure to speak with a medical malpractice
lawyer in Mecklenburg, North Carolina for a thorough evaluation of your case
and the chance of filing a successful claim. Your legal pro will not only be
able to file your lawsuit, gather evidence and present your case in trial in an
effective manner but will also be able to summon a credible and reliable
medical expert to testify in your favor during the trial.
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