Misdiagnosis, Delayed Diagnosis, And Alabama Medical Malpractice
When a person goes to the doctor looking for answers about their health, they expect the doctor to do everything possible to get the information they seek. Most of the time, this is what happens – but medical professionals are human, and unfortunately, they make mistakes. When the mistake is in diagnosis, it can turn a patient’s world upside down – particularly if the given diagnosis is incorrect.
If you have received a misdiagnosis, or a delayed diagnosis of a serious illness, it can sometimes, though not always, rise to the level of medical malpractice. A Birmingham misdiagnosis attorney from Goldasich, Vick & Fulk can meet with you to determine whether or not you have a case, and if you do, can guide you through this complex legal process. We are ready and willing to try and assist you.
A Breach Of Trust
There is a difference between misdiagnosis and delayed diagnosis, though both can cause harm to a patient. Misdiagnosis is simply diagnosing a patient with the wrong condition – for example, telling a patient they have indigestion when they are having a heart attack. A delayed diagnosis is determining that a patient has a serious condition, such as cancer, but taking far longer to do so than the average, similarly situated medical practitioner.
Both generally rise to the level of medical malpractice simply because they can prevent a patient from obtaining the treatment they may need to stay alive or avoid life-changing complications. Medical practitioners are trusted implicitly, and if they breach the prevailing standard of care – defined as the same “care, skill, and diligence” of any reasonable healthcare provider in a similar situation as the defendant – so when they fail to exercise due diligence, the state takes it seriously.
Not Every Error Is Malpractice
One important thing to be aware of before even beginning to contemplate filing a lawsuit is that not every misdiagnosis or mistake made by a doctor is actionable. The standard of care will differ between doctors and specialties, among other factors – for example, the standard of care may differ slightly in a rural hospital, with limited access to technology, than it would in a hospital in a city center.
If a doctor makes a mistake and it does not cause any kind of actual damage to the patient, it does not constitute malpractice. That said, a misdiagnosis, or a delayed diagnosis of a serious condition, can very commonly cause damage of a physical, emotional, or financial sort, which means that a medical practitioner who makes this kind of mistake will usually have to account for it.
We Are Here To Help
Being misdiagnosed, or diagnosed long after the fact, can be a terrifying experience, and it is common for people in this situation to feel lost and confused. The right legal help can try to set you on the right path – a Birmingham misdiagnosis attorney from Goldasich, Vick & Fulk will work with you and ensure you have the best chance possible to prevail. Call our office today at (205) 731-9266 to schedule a consultation.
