Delayed or Incorrect Diagnosis and Medical Malpractice

Problems or mistakes that occur during medical procedures are not the only factors that lead to the filing of medical malpractice claims. Many of the medical malpractice lawsuits that have been filed are in response to doctors' inactions. A misdiagnosis or delayed diagnosis can be grounds for medical malpractice if the doctor made a mistake and failed to meet the minimum standard of care. Misdiagnoses of diseases have led to staggering jury awards for victims of medical negligence.

When a disease is misdiagnosed or there is a delayed diagnosis more often than not it is too late to correct the damage that has been done. In cancer cases, it is critical that physicians detect the disease early to give provide the best chance for successful treatment. When cancer is diagnosed during later stages, it may have already spread, limiting treatment options. Failing to detect the disease or failing to order the proper tests can be grounds for a medical malpractice lawsuit. There a

It is not realistic to think that doctors can be right every time they take a case but there are certain procedures that they should follow in making a diagnosis. They are expected to follow a standard of care that any competent physician would adhere to. If they do not do what any reasonable doctor would do in a similar situation, the physician may be liable for damages.

A disease can be misdiagnosed even if your doctor does everything exactly by the book. Another medical professional could have misinterpreted test results or the tests may not have been performed properly. There are examples where lab samples have been switched by accident and that is still grounds for legal action. A medical malpractice lawsuit only requires that the patient has suffered some injury or loss because of the misdiagnosis or delayed diagnosis.

If you have questions about whether you have a case of medical malpractice due to misdiagnosis it is best to consult an attorney skilled in malpractice cases.

The Alabama accident lawyers of Burns, Cunningham & Mackey, P.C., have experience litigating wrongful death, back injury, and other personal injury cases, in addition to commercial law cases.