How do I win my Medical Malpractice Case?
First, you must be able to show the provider actually had a doctor-patient relationship with you.
This can be demonstrated by producing documentation regarding your visit(s) including:
- The dates you saw the provider
- The time and place of your visits
- The name of the provider
- The providers' notes
Next, you must be able to show the provider neglected to follow the proper diagnostic procedures for your particular complaints. This component is what lawyers call “the standard of care”.
Evidence of this may include the failure to take a proper history, failure to perform a physical examination, failure to order the proper tests, or failing to consult the proper specialist.
Finally, you must be able to show that you suffered an otherwise avoidable harm as a result of the provider’s poor care. Evidence of this may be that you had a curable disease that became terminal due to the delay in getting the right diagnosis.
I think I have a case of missed diagnosis; What should I do?
The first thing you must do is find a lawyer experienced in missed diagnosis medical malpractice cases. The attorney you choose should have a proven track record of success, the resources to see your case through, and the commitment to helping you get justice.
When you initially meet with the attorney, you will discuss the facts of your case and the effect the missed diagnosis has had on your life. The attorney may have a medical expert review the records to make a determination if there was a failure to properly diagnose your condition and whether that failure led to your injury. If there is enough evidence to proceed with a lawsuit, they will share with you the steps involved in a lawsuit, what needs to be proved in court to win your case, and the next steps to take in filing a suit.
Your case may not necessarily go to trial but may instead be settled. In either case, your lawyer should work diligently to obtain the compensation you deserve.