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Proving Negligence in Delayed Diagnosis Cases


Malpractice cases in Annapolis are sometimes the result of a doctor’s delayed diagnosis of a serious illness, disease, or medical condition. If a doctor does not provide an accurate or timely diagnosis to a patient, the patient’s problem may progress to the point where treatment is less effective or not feasible. Here is a look at how medical malpractice lawyers can prove that a doctor’s error meets the legal definition of negligence. Malpractice-cases

Prove There Was an Established Doctor-Patient Relationship

This element of the medical malpractice case is the easiest to prove. A doctor and patient establish a relationship when a patient visits a doctor, and receives an examination, diagnosis, referral, or treatment. If your attorney is attempting to prove medical malpractice or negligence due to a delayed diagnosis, he must only demonstrate that a doctor-patient relationship existed at some point, not during the entirety of the illness or disease.

Prove the Doctor’s Actions Meet the Negligence Definition

In order for your medical malpractice lawyer to prove that your doctor’s actions meet the court’s legal negligence definition, he must establish the doctor’s standard of care, and prove that the doctor breached this standard. Standard of care is a legal term that encompasses the level of care that a reasonably competent doctor would have provided to a patient under similar circumstances. This might require expert witness testimony, depositions, and professional reports. To prove the doctor breached this standard of care, your attorney must demonstrate that the standard of care established that a reasonably competent doctor would have made a diagnosis sooner than your doctor did.

Prove the Extent of the Harm Caused by Medical Malpractice

Finally, your attorney must prove that your doctor’s negligence and medical malpractice resulted in foreseeable harm or injury. Foreseeable harm may include medical costs, lost wages, lost earning capacity, decrease in quality of life, and pain and suffering. This can be demonstrated through testimony from expert witnesses, medical professionals, psychiatrists, vocational experts, and family members. If you win your medical malpractice case, you’ll be entitled to compensation for harm and injury.