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When Misdiagnosis May Lead to a Malpractice Claim

May 21st, 2015
On behalf of David Bowling of The Bowling Christiansen Law Firm, A Professional Law Corporation posted in Medical Malpractice on Thursday, May 21, 2015.

There are many reasons to claim for medical malpractice, and one of the most common relates to delayed or misdiagnosis of a serious medical condition or life-altering injury. If a doctor makes an error in the diagnosing process, it can lead to incorrect or delayed treatment, which can have a lasting impact on the individual’s recovery.




Under these circumstances, you may be able to claim that you are the victim of malpractice, but the matter is typically more complicated than that. Not all diagnosis mistakes constitute malpractice, and if you believe your doctor might have made an error, a medical malpractice attorney may be able to help.

The Bowling Christiansen Law Firm, we can evaluate your situation and determine the best way to proceed. If we believe you may have a valid malpractice claim, we can help you through the process of claiming compensation for medical expenses, lost wages, or pain and suffering.

A specialist New Orleans medical malpractice lawyer can work with you to identify any potential negligence or wrongdoing, and present your case in a comprehensive legal manner. Call us at (504) 586-5200 to schedule an appointment with a malpractice attorney today, and read on for more information.

Requirements for Malpractice Claims Relating to Misdiagnosis

The law understands that doctors are not always perfect and that not all diagnostic errors constitute medical malpractice. In Louisiana, it is the job of the Medical Review Panel to evaluate the circumstances and assess if your misdiagnosis claim constitutes malpractice. In order to prove malpractice, you will first need to show that there was a relationship between you and your doctor, that the doctor was negligent in his misdiagnosis and that this negligence led to a specific injury.

Proving the Doctor’s Negligence

One of the most critical and complicated elements of a malpractice claim is proving the doctor acted in a negligent manner. This is particularly difficult with misdiagnosis or delayed diagnosis claims because even skilled and experienced doctors make these errors.

If your doctor did not adequately diagnose your injury or illness, you will need to show that he or she did not act competently when evaluating your situation and that because of this, he or she reached an incorrect diagnosis. An experienced malpractice lawyer may be able to assist you with this process and explore what experts call differential diagnosis. Doctors use this system to identify diseases, and if you can establish that they either failed to apply it adequately or did not apply it at all in your case, you may have a valid claim.

You will need to use evidence to prove that a similar doctor in a similar position may have come to a different conclusion, which would mean avoiding the injuries and complications you are currently facing. Medical malpractice claims are complicated, but you do not have to face your suffering alone.

At The Bowling Christiansen Law Firm, we can assess your case and determine if you may have a valid malpractice claim. Call us today at (504) 586-5200 to speak to an experienced New Orleans medical malpractice attorney.

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