Doctors are well trained in their field. They have in-depth knowledge about how the body works and what could cause it to become ill or injured. Still, even with this knowledge, doctors can give an incorrect diagnosis or miss something that may sicken the patient.
Not all cases of misdiagnosis or failure to diagnose an illness have grounds for a medical malpractice lawsuit. There are certain factors that must be taken into consideration to receive compensation for doctor error. This can make it difficult to know if you are a potential medical malpractice victim or are eligible for compensation from the doctor or hospital.
To prove medical malpractice, you must show that another doctor in the same specialty or field could have made the correct diagnosis. Although this is challenging to do, it can be done in a few ways:
- You can prove that a reasonably skilled doctor in the same specialty would have seen the illness or injury and diagnosed it accurately, whereas your doctor did not.
- You can prove that the doctor made the diagnosis based on the tests that were performed, but failed to perform other tests to assess the validity of the diagnosis before treatment.
Proving these points to the satisfaction of a judge and jury can be very difficult. Only someone with detailed knowledge of the law and of the medical system has a reasonable chance of success. At the Girards Law Firm, we are experienced in medical negligence law in Oklahoma, Texas, and Arkansas, and have staff on hand with a medical background. If you are unsure if you have been the victim of a misdiagnosis, contact us toll-free at 888-809-4681 to learn more about your potential legal recovery.