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What Does It Take to Prove Causation in a Misdiagnosis Case?

What Does It Take to Prove Causation in a Misdiagnosis Case?

Proving causation is vital in your misdiagnosis case. Work with the lawyers at Cardaro & Peek to review your options.

Misdiagnosis is a general term referring to many types of incorrect diagnostic actions from a medical professional. The elements to prove a misdiagnosis case are similar to the general points one must prove in any medical malpractice case in Maryland. As such, certain conditions must have been met for diagnostic errors to be considered a valid case of improper patient care

What is Misdiagnosis?

A misdiagnosis is often thought of as simply an incorrect diagnosis— the doctor tells you that you have the flu, but you really have food poisoning. While doctors and other certified medical professionals are trained to make the right diagnoses, even highly-skilled doctors can make mistakes. Furthermore, the term “misdiagnosis” case can also encompass delayed diagnosis, missed diagnosis, or failure to recognize changing, i.e worsening, conditions. Sometimes, making one correct diagnosis means the doctor overlooked the need to make a second diagnosis of a different problem.

How Misdiagnosis Causes Harm

The failure to recognize and identify an ailment or condition, or discovering the information too late, can cause major roadblocks in a patient’s treatment. In some cases, misdiagnosed patients can experience worsening health conditions, and may suffer additional injury. Caregivers working with missing or incorrect patient information could mean wasted time and subjecting the patient to unnecessary and costly treatments.

Proving Causation

After proving that a doctor-patient relationship existed, and that the doctor’s behaviors were negligent and deviated from the standard of care, one must show that the doctor’s negligence caused the injuries and resulting damages to the patient. Proving causation is difficult in a misdiagnosis case since they must show that the injuries the patient sustained were far worse than it would have been if a correct diagnosis was made in the first place. The patient must prove a medical professional of similar specialty would not have made a misdiagnosis. Usually, an expert opinion is necessary to determine if a competent doctor would have made the same diagnosis, or if the misdiagnosing doctor followed correct procedures leading up to their diagnosis.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website and follow us on Facebook, Twitter, and LinkedIn for more information.

This entry was posted on Monday, January 6th, 2020 at . Both comments and pings are currently closed.