When you are treated by a healthcare professional, you don’t expect to be harmed. However, if you are misdiagnosed or your diagnosis is delayed, it may be medical malpractice.
When you are treated by a healthcare professional, you don’t expect to be harmed. However, if you are misdiagnosed or your diagnosis is delayed, it may be medical malpractice.
Patient harm
You can suffer medically, emotionally and financially from a misdiagnosis or a delayed diagnosis. If your treatment is delayed, it can cause your illness or injury to get worse and it may become more complex to cure over time. It often leads to a reduced quality of life as well.
If you are misdiagnosed, you could undergo unnecessary medical procedures or take medications that could cause negative side effects. You may also suffer from anxiety, depression and fear when your condition does not improve.
You could also have significant medical expenses for treatment and follow-up care that is not necessary, as well as changes in your income if you are not able to work.
Proving the elements
In California, a patient must prove several elements to demonstrate medical malpractice. The healthcare provider must have owed the patient a duty of care and the healthcare provider must have breached that duty of care, meaning they did not provide the standard of care expected of professionals in their field.
The patient must prove that the breach of duty caused the harm and that they suffered actual damages because of the provider’s negligence. These may include medical expenses, lost wages and pain and suffering.
There are time limits to file a medical malpractice claim, so it’s important to address the situation promptly.
You can suffer medically, emotionally and financially from a misdiagnosis or a delayed diagnosis. If your treatment is delayed, it can cause your illness or injury to get worse and it may become more complex to cure over time. It often leads to a reduced quality of life as well.
If you are misdiagnosed, you could undergo unnecessary medical procedures or take medications that could cause negative side effects. You may also suffer from anxiety, depression and fear when your condition does not improve.
You could also have significant medical expenses for treatment and follow-up care that is not necessary, as well as changes in your income if you are not able to work.
Proving the elements
In California, a patient must prove several elements to demonstrate medical malpractice. The healthcare provider must have owed the patient a duty of care and the healthcare provider must have breached that duty of care, meaning they did not provide the standard of care expected of professionals in their field.
The patient must prove that the breach of duty caused the harm and that they suffered actual damages because of the provider’s negligence. These may include medical expenses, lost wages and pain and suffering.
There are time limits to file a medical malpractice claim, so it’s important to address the situation promptly.