Misdiagnosis is the basis for a large number of medical malpractice claims. Doctors can misdiagnose a condition if they mistake it for a different condition. One of the most common reasons for filing a medical malpractice lawsuit is diagnostic errors, such as misdiagnosis and delayed diagnosis. For example, delays in diagnosing certain types of cancer may allow malignancy to advance and be more difficult to contain.
Negligence claims should be handled by experienced lawyers who also understand medicine and can assess whether a medical error rises to the level of negligence. Because many cases of malpractice involve patients who were already sick or injured, there is often a question as to whether what the doctor did, negligent or not, actually caused the damage. For example, if a patient dies after treatment for lung cancer and the doctor did something negligent, it may be difficult to prove that the doctor's negligence caused the death and not the cancer. The patient must demonstrate that it is more likely that the doctor's incompetence directly caused the injury.
Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury. Just because you are unhappy with the treatment or the results does not mean that the doctor is responsible for medical negligence. If a patient, once duly informed of the possible risks, has chosen not to continue with the procedure, the doctor may be responsible for medical negligence if the patient is injured as a result of the procedure (in a way that the doctor should have warned could occur). Similarly, it can also be malpractice if the doctor selects the appropriate treatment but administers it incompetently.
The panel's decision does not replace an actual medical malpractice lawsuit and the panel cannot award compensation for damages, but it is an obstacle that the patient must overcome before reaching court. A new medical malpractice law in Florida is receiving criticism from many groups who allege that the new law violates the privacy rights set out in the federal Health Insurance Portability and Accountability Act, reports Bloomberg Business Week. A wide variety of situations can result in a medical malpractice lawsuit, from a doctor leaving a sponge on a patient's stomach during an operation to not telling the patient that a prescription medication can cause heart failure. Many people find that the most practical and affordable way to file a malpractice lawsuit is to hire a medical malpractice attorney.
In most states, you must file a medical malpractice lawsuit fairly quickly, often between six months and two years, depending on the state. Even if it is clear that the doctor performed below the standards expected in his field, the patient cannot sue for negligence if the patient did not suffer any harm. When considering whether your negative medical experience may be malpractice, it can be helpful to understand what types of medical errors most often lead to negligence claims. If a doctor treats the patient in a way that no other competent doctor would, the patient could file a medical malpractice lawsuit.
However, there are some general principles and broad categories of rules that apply to most medical malpractice cases.
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