Failure to diagnose laws are part of medical malpractice laws. Some medical malpractice cases grow from medical professional’s failure to diagnose or misdiagnose a medical condition. Here are the laws that affect the failure to diagnose.
Elements – Patients will have to prove three things to justify a failure to diagnose claim. They are as follows: the existence of a doctor-patient relationship, the doctor is negligent, and the doctor’s negligent act directly caused the harm or death to a patient.
Errors in diagnostic tests – Most doctors will diagnose according to the test results they receive. If the tests are incorrect, your doctor cannot be held liable, but you can then pass liability to the company or the person who conducted the test.
Expert Witnesses – Because most medical cases are technical, it is vital to hire an expert witness that will help you with your case. The right expert witness is vital to help you and can provide the right information to the judge and jury. Look at interviewing a few expert witnesses with the help of your lawyer. A good expert witness should be an expert in their field and also have experience in speaking in a court setting.
If you or someone you know has been affected by the laws affecting failure to diagnose, it is best to speak to a law firm or lawyer that is experienced in this regard.