Failed or erroneous diagnosis or treatment can result in the victim receiving a lack of treatment or the wrong treatment and either circumstance can be devastating for victims and their families. A failure to diagnose is one type of medical malpractice for which personal injury remedies may be available to victims who have suffered harm.
Medical malpractice occurs when a medical care provider fails to provide medical care or treatment that meets the standard of care and results in harm to the victim. In circumstances when the medical malpractice has resulted in disease progression beyond what would have been expected had the disease been timely diagnosed and properly treated, a negligent medical care provider may be liable to victims and their families. In addition, in some circumstances, an erroneous diagnosis, delayed diagnosis or failure to diagnose may result in the victim receiving treatment they do not need.
It is important that medical care professionals carefully examine the patient, order the correct medical tests and ensure they are correctly interpreted and thoroughly review the patient's medical records. To determine if the medical care professional has been medically negligent, the court will examine if the medical care provider provided care that a reasonably prudent medical care professional would have provided in similar circumstances.
The standard used to determine negligence can determine if the medical care professional will be liable to the victim for damages. A personal injury claim for medical malpractice can help victims and their families seek compensation for their physical, financial and emotional damages suffered because of the negligent care and treatment they received.