How Do you Prove Misdiagnosis or Delayed Diagnosis?

Steps to Proving Misdiagnosis

To receive compensation for a medical malpractice suit based on misdiagnosis, you and your attorney need to prove that misdiagnosis occurred. This involves demonstrating several key elements. 

Remember — these cases can be highly complex, and it’s always wise to approach them with the support of a dedicated and experienced legal team. Some of the general steps and considerations in proving misdiagnosis are as follows: 

Establish the Doctor-Patient Relationship:

• To prove misdiagnosis, you must prove that a doctor-patient relationship existed between the victim and the accused doctor. This can be established using evidence like medical and appointment records, medical bills, and more. 

Establish the Standard of Care:

Any injured patient looking to prove misdiagnosis must demonstrate the specific standard of care for their  medical condition at the time of diagnosis. For instance, a patient who has breast cancer must show what the standard of care is for that particular ailment. Proving this often involves expert testimony from medical professionals, can  explain what a reasonable and competent doctor would have done under similar circumstances.

• Prove Deviation from the Standard of Care:

Once you have proven the standard of care, you must prove that the defending healthcare provider deviated from this standard of care. This means establishing that the doctor’s actions or decisions were negligent or fell below the accepted medical standards. Expert witnesses can be crucial in explaining how the doctor’s acts or omissions were negligent.

• Establish Causation:

It’s not enough to demonstrate that a misdiagnosis occurred; you must also establish a causal link between the misdiagnosis and your injuries or damages. In other words, you must show that the misdiagnosis directly led to injury or pain in the patient. Examples of this injury can include delayed treatment, unnecessary procedures, or worsening your condition.

• Document Damages:

In a medical malpractice case, you must provide evidence of the damages you suffered due to the misdiagnosis. Proof of these damages can include medical bills, records of additional treatments or surgeries, lost wages, pain and suffering, and other relevant economic and non-economic losses.

• Obtain Expert Testimony:

As mentioned above, expert witnesses can play a significant role in medical malpractice suits. Expert witnesses, generally healthcare professionals with expertise in the relevant field, can help explain complex medical concepts to the court and provide opinions on whether the standard of care was breached and caused harm.

• Gather Medical Records and Documentation:

Carefully collect and review all relevant medical records, test results, and documentation related to your case. This includes records from the healthcare provider who misdiagnosed you and any subsequent providers who treated you.

• Consult with an Attorney:

Taking on a medical malpractice case without legal support can be an arduous journey, often not resulting in a satisfactory settlement. Working with a lawyer means that you can focus on rest and recovery, knowing that a dedicated professional is fighting tirelessly for you in the legal arena.

• Consider the Statute of Limitations:

It’s always important to consider the statute of limitations on medical malpractice suits in your particular case. This refers to the period of time during which you are allowed to take legal action; once this period expires, you may not be able to file a suit. In Washington, DC, the statute of limitations for these claims is generally three years from the date the misdiagnosis occurred. Sometimes, exemptions are granted — for instance, if the victim was a minor at the time of misdiagnosis. However, these exemptions are rare, and it’s best to act as quickly as possible once you become aware of the misdiagnosis.

Our Medical Misdiagnosis Lawyers Are Here to Help

Proving misdiagnosis or filing any kind of medical malpractice can be a daunting and overwhelming experience. Though you can legally  file a claim on your own, it’s almost always best to do so with the aid of a DC medical malpractice attorney. Your attorney will be well versed in the specific rules and regulations that govern your area, and will fight tirelessly on your behalf so that you can rest and focus on recovery. If you need to file a medical malpractice claim regarding misdiagnosis, please contact an attorney at Regan Zambri Long today.