California Medical Malpractice Cases for Delayed Diagnosis
The majority of people believe that medical malpractice involves a physician making a mistake that lead directly to the patient’s injury. Unbeknownst to many, however, medical malpractice cases can arise from physician errors that are from an indirect form of injury, such as a delayed diagnosis.
Identifying a Delayed Diagnosis as a Medical Malpractice Claim
Medical malpractice cases involving delayed diagnosis can happen even if the physician was never involved in the treatment process. For example, consider this scenario:
A person who has a treatable illness visited a doctor, who for months failed to diagnose the illness, the doctor could be held accountable for the irreparable damage caused to the patient.
In this case, the physician did not directly cause the person’s advanced illness. In fact, the person could have still suffered advanced symptoms of the ailment; nonetheless, the doctor’s ability to properly diagnose the ailment could have prevented an advanced illness. For this, the physician could be held accountable for the delay and the harm caused by it.
Proving Medical Malpractice for a Delayed Diagnosis
In order to prove medical malpractice for a delayed diagnosis, a patient must prove three elements to win a case. These elements involve the following:
There was an existing physician-patient relationship established – When a physician sees a person and provides him or her with treatment, this usually establishes a doctor-patient relationship. For delayed diagnosis claims, a person will need to demonstrate that the relationship existed at some point but not necessarily through the entirety of the delayed diagnosis.
Negligence transpired – Medical negligence happens when a physician has failed to provide a reasonable quality of care that another medical practitioner would provide under similar circumstances. In a medical malpractice claim, a patient will need to prove the following to demonstrable carelessness occurred:
- Reasonable standard of care was needed, and
- A breach in the standard of care occurred
Injury occurred because of the medical negligence – In order to win a medical malpractice claim, the patient will need to demonstrate that the doctor’s carelessness caused the foreseeable injury. This injury can happen through many forms, which include the following:
- Medical expenses,
- Pain and suffering,
- Loss of quality of life, and
- Loss of earning capacity
Seek the Skill of a Professional Medical Malpractice Attorney
If you or someone you know has suffered irreparable harm because of a delayed diagnosis, consider seeking the legal advice of an attorney who has experience in medical malpractice cases. Those who have been injured as a result of medical negligence have the legal right to seek financial restitution; a knowledgeable attorney can help to build a strong case.
The attorneys at Milligan, Beswick, Levine & Knox, LLP are experienced in the field of medical malpractice cases in the State of California. The firm is dedicated to championing for the rights of victims who have suffered injuries resulting from medical negligence. Medical malpractice claims are subject to strict time limitations; contact a knowledgeable attorney as soon as possible.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.