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Like everyone else, doctors make mistakes, but when theirs harm patients, claims for medical malpractice may arise. Misdiagnosing a patient’s illness or condition is one type of error that can lead to a personal injury attorney’s involvement. In such situations, patients and their attorneys must prove the following elements to pursue malpractice cases successfully. 

Elements of Proof for a Misdiagnosis Medical Malpractice Case

1. Doctor-Patient Relationship

Establishing a professional relationship between the treating physician and the patient claiming injury is an essential element of any medical malpractice case. Proof may include showing an appointment kept, prescriptions issued, or correspondence from the doctor to the patient.

2. Doctor’s Negligent Act or Failure to Act

medical malpracticeA personal injury attorney must show a doctor was negligent in making the misdiagnosis. Negligence exists in a physician’s failing to treat the patient in a competent and reasonably skillful manner under the circumstances. An example would be a doctor’s physical exam revealed a skin condition characteristic of cancer, but the physician did not take a sample for biopsy when equipment and time were available.

3. Negligence Caused Actual Injury

A doctor’s negligent act of misdiagnosis alone does not prove medical malpractice. The negligence must cause actual injury to a patient to support a malpractice claim. For example, when a misdiagnosis occurs, it must lead to a worsening of the patient’s condition or illness. A patient’s death as a result of a misdiagnosis may justify a wrongful death medical malpractice action.

 

If you believe a doctor misdiagnosed your condition and committed medical malpractice, consult The Law Office of Gregory S. Young in Cincinnati, OH. Serving injured individuals in Ohio and Kentucky since 1958, these dedicated personal injury attorneys fight for the rights of patients to receive full compensation for their suffering. Contact one of the firm’s three offices today. Learn more about their practice areas online. For an appointment, call (513) 721-1077.

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