How Can You Prove Misdiagnosis or Delayed Diagnosis?


In most circumstances, medical malpractices come from misdiagnosis or missed diagnosis of an injury or illness. In such a case, a patient’s condition may worsen, or the person might even die. However, suspicions about misdiagnosis are not enough for a person to sue the doctor for malpractice. If you are a victim of medical negligence, it is advisable to know the right steps to take. Many people have ruined their eligibility to file a lawsuit by taking the wrong steps. Wagners Law Firm provides the best personal injury lawyers Halifax, and you can get an affordable one to help you through the process of filing a medical malpractice lawsuit. Before you qualify to file a lawsuit against the doctor, you must provide proof of malpractice. Read on to learn what you need to prove malpractice.

Proof Based on Diagnostic Mistakes

According to the law, doctors are not responsible for all errors that occur during diagnosis. It is the job of the victim to provide enough proof to thrive through the malpractice lawsuit. The patient must prove three things;

  • There was a doctor-patient association
  • The doctor wasn’t able to offer the right treatment in a knowledgeable and proficient manner
  • The patient suffered inquiries due to negligence.

 The last two points are vital in determining if there was a case of medical malpractice.

Can You Prove Doctor’s Negligence?

Doctors are humans too, and they can make mistakes even when ting responsibly. So, if you want to have an eligible lawsuit, you must prove that the doctor was incompetent in the way they diagnosed you. Misdiagnosis or delayed diagnosis will not work as evidence of negligence unless you have proof of the doctor’s actions. You will need to evaluate the method the doctor used to determine the treatment. A physician carries physical tests, asks questions about signs, orders lab tests, and carries out every investigation that will help them during diagnosis. This is always the case with every doctor. In medical malpractice, you must prove that the doctor did not use the right procedure to treat you. You will need to demonstrate that the doctor did not utilize the right methods that a competent and skilled doctor would use in the same situation. You may also need proof that the doctor carried the right diagnosis but did not include the right tests.

Did the Misdiagnosis Harm You?

This is another essential point you will need to prove. You must have evidence that the negligence caused the misdiagnosis or delayed diagnosis that led to injuries. For instance, if the delayed diagnosis caused the progression of cancer, such that the patient needed treatment like chemotherapy before cancer progressed, the patient can sue the doctor. You can also sue the doctor if they diagnosed you with an illness that you do not have. You can prove harm in form of stress, medical issues, costs, and nervousness.

The Takeaway!

Misdiagnosis or delayed diagnosis can be treated as a case when the patient has proof that the doctor was incompetent or negligent during the treatment. If you can clearly prove that their negligence caused harm to you or your loved one, then you have a case.

Eric Lilly
the authorEric Lilly