Columbus Failure to Diagnose Lawyer
You trust your doctor to have the knowledge and experience to properly diagnose your conditions or to send you to a proper specialist, if needed. All too often, however, physicians do not diagnose serious and even potentially fatal conditions such as cancer, heart attacks, and stroke.
If you or someone you love was not diagnosed with a serious illness or condition and suffered as a result, the consequences may be traumatic and widespread. Fortunately, a compassionate Columbus failure to diagnose lawyer can help. By enlisting the services of a dedicated attorney, you could focus on recovering with the knowledge that a legal professional is pursuing compensation for your damages.
Proving a Doctor’s Failure to Diagnose a Condition
Most lawsuits involving poor medical care are based on the legal concept of negligence. Essentially, when a physician fails to do what is needed to properly diagnose a patient, he or she can be deemed legally negligent.
However, the burden of establishing proof of negligence rests on the victim and his or her Columbus failure to diagnose attorney. To demonstrate negligence, it must be shown that:
- If the doctor had provided the proper diagnosis in a reasonable and timely manner, the victim would not have suffered harm, or the harm he or she suffered would not have been as severe;
- The doctor was negligent in his or her actions—for example, by not asking important questions, completing required diagnostic tests, or listening to complaints; and
- A reasonable physician with the same or similar experience and training would have diagnosed the victim appropriately based on information given by the patient or discovered through diagnostic tools.
Expert Affidavit Requirements for Failure to Diagnose Cases
When a formal legal complaint is filed in Georgia, an expert affidavit must be filed as well. This affidavit must be completed by a medical professional who is qualified to testify and can provide testimony that the wrongdoer acted in a negligent manner based on the facts and circumstances of a case.
It is important for this medical professional to be a verified expert in the field of medicine that relates to the case. If he or she is not, the defense may file a motion to have the affidavit thrown out. In these instances, the victim is usually granted 30 days to amend the affidavit and find another expert.
However, if a case is filed without this required affidavit, the lawsuit will likely be dismissed. In light of the importance of each step of the claims process, a failure to diagnose lawyer in Columbus could help an injured person to ensure his or her claim is thorough and complete.
Possible Time Extensions for Filing a Claim in Columbus
Under certain circumstances, the affidavit may be filed after the filing of the lawsuit, instead of simultaneously. For example, if the victim only recently hired an attorney and the statute of limitations for his or her case is nearing an end, the court may grant a 45-day extension to file the affidavit after an initial complaint is filed.
Speak with a Columbus Failure to Diagnose Attorney Today
When a doctor fails to recognize and diagnose certain conditions, your symptoms may worsen and you may even sustain additional damages. If you or a loved one was injured due to a doctor’s neglect, call a Columbus failure to diagnose lawyer about seeking compensation.
Proving that a doctor failed in his or her professional and legal duties can be challenging, but a skilled attorney could carefully develop your case and represent you in court. Reach out to a qualified legal professional to schedule a free case review.