Hammond Failure to Diagnose Lawyer
When we consult a medical professional about troubling symptoms, we trust in their ability to determine the cause and prescribe appropriate treatment. Sometimes, they are able to pinpoint the illness and develop an effective treatment plan, but in other cases, they fail to do so.
A failure to diagnose is not always considered medical malpractice. Some illnesses present ambiguous symptoms, and tests do not always produce clear results. But if your doctor misdiagnosed a disease or condition because of their negligence, and you suffered harm as a result, you could seek compensation through a malpractice lawsuit.
A Hammond failure to diagnose lawyer could review your case to determine whether the facts support an attempt to prove medical malpractice. If so, they could guide you through the legal process and help you get the compensation you deserve.
Determining Standard of Care
All medical professionals have a duty to abide by an appropriate “standard of care.” The standard of care refers to the care that a similarly credentialed and experienced provider would have offered in similar circumstances.
In a failure to diagnose case, it is important to establish what steps the medical professional took to arrive at a diagnosis. If another similarly experienced provider would have ordered tests that the patient’s provider did not order, that might be a violation of the standard of care. If another provider might have offered different treatment options in response to test results, that also might be evidence of a breach of the standard of care.
Establishing what the standard of care should be in a particular case is the job of the patient’s attorney. A failure to diagnose attorney in Hammond can gather evidence from medical experts regarding what they would expect from a colleague if that colleague were treating a patient who presented similar symptoms to the patient’s ailments. If it seems that the patient’s provider did not meet the standard of care, the patient might have grounds to bring a medical malpractice lawsuit.
Establishing That Failure to Diagnose Caused Harm
It is not enough to show that a medical provider did not meet the standard of care when they missed a diagnosis. A plaintiff and their attorney also must show that the failure caused harm to the patient.
The plaintiff must present evidence showing how the delay in obtaining a correct diagnosis harmed them. Perhaps their prognosis would be better if they had begun treatment sooner. Maybe they underwent treatment for a condition that they did not have based on their doctor’s misdiagnosis, and the treatment caused harmful side effects.
Proving a failed diagnosis in Hammond requires a plaintiff to demonstrate that their provider did not meet the standard of care and that they suffered actual harm because of that failure. If a plaintiff meets those requirements, they could receive damages of up to $500,000, plus funding for any continuing medical care they require due to their provider’s negligence.
Plaintiff’s Actions Could Limit Damages
In any Louisiana negligence action, a plaintiff’s negligence might impact the damages they could collect. Louisiana Civil Code § 2323 codifies the concept of pure comparative negligence, meaning that when a plaintiff is partly to blame for their loss, any damages they receive must be reduced by a percentage that reflects their degree of responsibility.
In a failure to diagnose case, a defense attorney might argue that a plaintiff was partly to blame for their loss if they waited too long to seek a second opinion. Failing to strictly comply with a treatment plan or ignoring symptoms for a significant period of time also could be issues a defendant might raise as indicators of a plaintiff’s negligence.
A Hammond failure to diagnose lawyer could anticipate the arguments that the defense counsel might make and present evidence to counter them. An aggressive advocate could ensure that a plaintiff bears no more than their fair share of the responsibility for a missed diagnosis.
Get Compensation for Your Delayed Diagnosis with an Experienced Attorney
The laws governing missed diagnosis lawsuits are complicated and often favor the medical establishment. Even so, a knowledgeable Hammond failure to diagnose lawyer could help a patient seek redress for the negligent medical care that caused them harm.
Patients must bring a lawsuit within one year from the date they discovered their misdiagnosis. Preserve your rights by scheduling an appointment with an experienced attorney today.