Establishing Fault in an Atlanta Failure to Diagnose Case
When establishing fault in an Atlanta failure to diagnose case, attorneys look at all potential sources of neglect. While doctors are often responsible for diagnoses, they may not be the only source of negligence. With the help of an attorney who has access to cutting-edge technology and an in-house medical professional, you could rest assured that legal professionals could place your needs at the forefront of a claim. Reach out to an attorney today.
The Standard of Medical Care and a Failure to Diagnose Case
The failure to diagnose can sometimes rise to the level of a departure from the standard of care. However, if a patient meets with his or her doctor regarding symptoms he or she is experiencing and the doctor conducts a thorough exam, discusses the patient’s history, runs all the conceivable tests, reads the test results appropriately, and misdiagnoses the patient for whatever reason, an expert could still determine that the doctor met the standard of care because that professional did everything that a reasonable doctor would be expected to do. There must be a violation standard of care in order to have a viable failure to diagnose case.
Proving Causation
Causation is proven by a qualified expert reviewing the facts and medical records and testifying that the injuries the patient has suffered are directly tied to the failure to diagnose. If a patient’s symptoms are misdiagnosed and his or her disease or condition worsens in the time it takes doctors to obtain an accurate diagnosis, expert testimony will be necessary to prove that a doctor’s negligence resulted in a failure to diagnose and caused endangerment to the patient’s wellbeing.
Expert Witnesses in Failure to Diagnose Cases
An expert witness has to be qualified pursuant to O.C.G.A. § 24-7-702, which states that in medical malpractice cases, the expert must have taught or practiced in the relevant area within three to the five years preceding the negligent act and must be capable of performing the procedure, diagnosing the condition, or rendering the treatment that the patient alleges was done improperly. A negligent act is outlined in the allegations filed in the complaint of the lawsuit. When involved in a failure to diagnose case, the expert witness will be required to have relevant, sufficient experience diagnosing the condition that was misdiagnosed in the case.
Relevant Evidence
The evidence needed in an Atlanta failure to diagnose case is similar to that needed in all medical malpractice cases. Evidence is obtained from expert and witness testimony, the patient’s treatment, how the patient presented to their doctor, what the doctor did, and which tests were run. People who are able to talk about how the doctor’s failure to diagnose impacted that patient, how the patient’s life changed, or how his or her personality changed could also provide valuable evidence. When used as evidence, the patient’s medical records and other documentary evidence could demonstrate the injuries that resulted because of the failure to diagnose or the delay of the diagnosis.
How an Attorney Could Help Victims Establish Fault in an Atlanta Failure to Diagnose Case
An Atlanta failure to diagnose lawyer could help victims by conducting thorough investigations and securing all relevant evidence in order to aggressively prosecute their cases. Engaging the services of a qualified expert who can explain the patient’s injuries and how they were caused by the medical professional’s failure to act in accordance to the standard of care could also be critical in order to present the case in such a way that the patient has the greatest chance of recovering full compensation for his or her injuries.
Reach out and connect with an attorney who takes calls after hours and who could offer a free case review. Attorneys stand ready to work hard at establishing fault for an Atlanta failure to diagnose case.
