Health is important and when a person goes to a doctor they put a lot of trust in the doctors. The patients put their life in the doctor’s hands so they expect to be treated with a lot of care. If the patients do not get standard treatment and suffer mental and physical trauma because of bad treatment then they have the right to claim compensation.
Medical negligence can change a person’s life. People can suffer a lot of health care professionals fail to do their job. The compensation can help in making sure that you are able to live your life despite the injury that you may have suffered because of the injury.
If you are going for medical negligence compensation UK then you need to make sure that your claim is valid. Delayed diagnosis or is diagnosis is a common reason for filing for medical compensation. Misdiagnosis can lead to more health issues. You can file a medical malpractice complaint and recover compensation if or physical and emotional suffering. Filing a medical malpractice claim and following it the rough is not an easy task so make sure that your claim is valid so that you get the compensation and have a healthy and happy life
Misdiagnosis is not always going to make your medical negligence claim valid. There are four things that are essential to prove medical malpractice. Here are the four things a person needs to prove negligence regarding the misdiagnosis of your medical condition.
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To prove negligence you need to prove that there is a relationship between the doctor and the patient. It is one of the simplest and easiest things to prove. You just have to show that the doctor you are suing was responsible for providing treatment or that you agreed to receive the suggested treatment.
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A duty of care is the legal obligation that states that doctors are legally obliged to provide the patient with standard medical attention. A physician should offer the level of care that any trained physician would provide.
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To get compensation for misdiagnosis the patient has to prove that the doctor failed to provide standard care.
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One of the hardest parts to prove in a negligence claim is that the breach of duty of care has led to injury causing pain and suffering to the patient. You have to prove that the injury was caused directly due to the negligence of the health care professional.
When misdiagnosis is considered malpractice?
To prove negligence you have to prove the incompetence of the health professional. Mistakes in diagnosis are not always considered a breach of duty. To prove incompetence you will have to review the differential diagnosis method the doctor used to give the diagnosis.
Here are the steps that are a part of the differential diagnosis method used by the doctors.
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The diagnosis starts with a preliminary evaluation. The doctor evaluates the patient and it makes a list of the potential diagnosis in order of probability.
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After the initial diagnosis, the physician makes more observations by asking about symptoms and medical history. To support the diagnosis the doctor orders tests and depending on the tests may refer the patient to a specialist.
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If any new information comes to light then the doctor will have to add more to the list of diagnoses.
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The doctor rules out the diagnosis until he or she is able to find the cause of suffering.
Evidence of incompetence:
Misdiagnosis is considered malpractice if:
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The medical professional fails to include the correct diagnosis on the list.
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The doctor writes the correct diagnosis but fails to investigate it properly.
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If a doctor diagnosis you with an illness that is different from what the patient is actually suffering from.
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The doctor completely misses the diagnosis and declares you healthy.
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Failure to diagnose related and unrelated diseases.
Misdiagnosis can classify as medical malpractice if you have the evidence to prove the incompetence.
By William Padilla Writter
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