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Can a Missed Diagnosis Be a Medical Malpractice?

Can a Missed Diagnosis Be a Medical Malpractice?

Filed Under: Law

Doctors make many types of medical errors, and missed diagnoses are one of them. If you go to a doctor when you have an issue and the doctor fails to diagnose you, this can be termed as a missed diagnosis. However, whether a missed diagnosis is medical malpractice depends on whether the undiagnosed issue caused significant damages or death. It is vital to seek representation from a great medical malpractice attorney if you have suffered a diagnostic error or want to confirm if a missed diagnosis will be medical malpractice. This article is a short overview of missed diagnoses and if they can be considered medical malpractice in South Carolina.

The Difference between Missed Diagnosis and Misdiagnosis

A missed diagnosis is different from a misdiagnosis. Many people use the two interchangeably, but they have differences. A missed diagnosis is when a doctor fails to diagnose an injury or illness. That means the patient does not get treatment for the condition. On the other hand, a misdiagnosis is when a doctor diagnoses the patient with an incorrect disease. Misdiagnoses can lead to severe consequences like missed diagnoses, including death.

These medical errors can lead to malpractice cases depending on the situations surrounding them. When you are suffering from a condition, it is essential that the doctor recognizes the symptoms and administers the proper treatment to recover. Failure to identify a problem or the wrong disease can cause the worsening of the illness since the patient does not get the right care and treatment.

What You Need to Prove Malpractice for a Missed Diagnosis

As mentioned, not all missed diagnoses are considered medical malpractice. Therefore, getting a medical malpractice lawyer in South Carolina is advisable to help you evaluate the situation and determine if you have a case. You can file a claim and get compensation if you can prove a missed diagnosis. You will need to verify that the doctor did not meet the medical standards of care settings to help them diagnose illnesses or injuries. You must also show that there was an established doctor-patient relationship. It is also mandatory to prove that the missed diagnosis worsened the injuries or illnesses and there were damages incurred from the failure to diagnose the condition.

When proving a missed diagnosis, you will need to gather substantial evidence to prove your claim. You must show that you were under the doctor’s care when they failed to diagnose you. You will also need various medical records copies to support your claim. These include:

  • Lab reports
  • Nurse or doctor’s notes
  • Medical records
  • Test results
  • Medical bills
  • Wage statements

The hospital must give you these records, but if you are having trouble obtaining them, the attorney will help you. However, it is crucial to speak with the hospital about the case and have the evidence reviewed by another medical expert to show medical malpractice occurred and the error caused the injuries.

Seeking Help from an Attorney

If the doctor fails to diagnose you with a specific condition, you may file a claim against them. The best way to do it is to hire a medical malpractice attorney to handle the process.

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About Lena Burkut

Lena Burkut is the Content Strategy Editor, SEO Strategist, life influencer, and the owner of Bulk Quotes Now. He loves to write about love, life, and happiness.

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