Proving a Missed Diagnosis in Medical Malpractice
by Jeffrey J. Kroll
Understanding Medical Malpractice: Proving a Missed Diagnosis
Medical malpractice occurs when a healthcare professional fails to provide treatment that meets the accepted standard of care. But what exactly is the standard of care? It refers to the level and type of care that a reasonably competent healthcare provider would offer in similar circumstances. This standard varies based on the medical specialty, the specifics of the case, and the treatment provided. Whether the standard of care was followed usually requires expert testimony from a qualified medical professional in the relevant field. This expert will explain what a reasonably skilled provider should have done under similar conditions.
Proving a Breach of the Standard of Care
Once you define the standard of care, the next step is demonstrating that the healthcare provider failed to meet it. Several indicators can show this failure, including:
- Ignoring the Patient’s Medical History: Overlooking significant symptoms can lead to a misdiagnosis.
- Errors in Interpreting Lab Results or Imaging: Misreading test results may constitute a breach of the standard of care.
- Failure to Order Necessary Tests: A healthcare provider may exhibit negligence if they do not conduct appropriate tests that a competent provider would have ordered.
Establishing Damages from a Missed Diagnosis
After proving that the healthcare provider breached their duty, you must show that this breach resulted in actual harm. In other words, you need to demonstrate that the misdiagnosis directly caused your injuries or losses.
Proving Causation in Medical Malpractice Claims
The final step is proving causation—the link between the healthcare provider’s misdiagnosis and your injury or harm. This often requires expert testimony from a doctor in the same or similar field and a thorough review of medical records. These records can illustrate the symptoms, treatments, and any potential lapses in care.
Why Medical Malpractice Cases Are Complex
Medical malpractice cases can be challenging to prove, especially those involving a missed diagnosis. Establishing the breach, showing causation, and demonstrating actual damages requires navigating a complex legal and medical landscape.
At Kaveny & Kroll, our experienced attorneys understand the nuances of medical malpractice and are equipped to handle these cases. If you believe you have a claim, act quickly. Various factors could affect the viability of your case, so contact us for a free consultation at (312) 761-5585 to discuss your rights.