Marietta Failure to Diagnose Lawyer

When a person visits their physicians, they may be confident their health care provider will properly diagnose and treat specific illnesses. However, doctors may fail to meet their professional standard and fail to diagnose a serious illness. Such a mistake has the potential to result in serious medical consequences.

If you believe that an originally undiagnosed illness has adversely impacted your health, you are encouraged to contact a Marietta failure to diagnose lawyer. A dedicated team of attorneys could handle the details so you could focus on recovering.

State Law Surrounding Failure to Diagnose

Georgia law allows patients to initiate medical malpractice actions. O.C.G.A. § 9-3-70 enables individuals the right to seek damages against health care professionals or institutions whose perceived actions might have led to minor or catastrophic injuries, illness, or death.

To successfully prove that a failed diagnosis occurred, a person may also need to show:

  • That they shared a professional relationship with the physician in question
  • The physician performed a physical examination or conducted diagnostic tests in relation to the patient’s health and did not detect the illness the patient was later diagnosed with
  • The missed diagnosis caused the patient harm and increased his/her chances of sustaining other serious problems or death
  • The damages the patient seeks are directly related to the injuries he or she sustained due to the misdiagnosis

A person may also need to demonstrate that the doctor(s) displayed a standard of negligence or incompetence that other professionals in the field would not have in response to the incident in question. For help proving these elements, an injured patient should reach out to a failure to diagnose lawyer in Marietta.

Collecting Evidence in Marietta

As in any other type of legal trial or proceeding, the more evidence one side can produce the better. Winning a failure to diagnose case could hinge upon providing medical documentation chronicling patient care. A person should gather important evidence such as:

  • The dates and times of all appointments with the physician in question
  • The reason said doctor visits took place
  • The results of any medical tests said physician administered
  • Documentation of any medications prescribed
  • Synopses of visits with other doctors (especially those who might have ultimately diagnosed the illness the original physician did not)

A Marietta lawyer might also rely on other evidence of a failure to diagnose which may include the testimony of other doctors in the field of the physician in question. A greater amount of total evidence may equal a more compelling argument.

Potential Damages Available

If the suit initiated is successful, the injured patient could receive damages. Damages awarded in such a proceeding are typically classified as compensatory and punitive. Compensatory damages are awarded to reimburse the patient for losses that may include: pain and suffering, past and future medical expenses, and lost wages due to time away from work.

Punitive damages are only awarded if the physician committed a deliberate act of malfeasance. In the case of a failure to diagnose proceeding, the doctor in question may have the medical evidence to render a serious diagnosis but deliberately fails to notify the patient. A dedicated Marietta failure to diagnose lawyer could possibly help an injured individual recover damages.

Work with a Marietta Failure to Diagnose Attorney

While a failed medical diagnosis could change your life forever, you may have the right to receive compensation from those who are accountable following this tragedy. A Marietta failure to diagnose lawyer could work with you to help recoup the associated damages. Call today to set up a free consultation to learn more about how to protect and assert your rights.

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