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Why a Misdiagnosis May Not Mean You Have a Medical Malpractice Lawsuit

December 23rd, 2014 Medical Malpractice

If you or a loved one is dealing with the aftermath of a doctor’s misdiagnosis, then you might understandably be considering the option of filing a medical malpractice lawsuit. After all, a misdiagnosis or delayed diagnosis can result in major health complications and, in some cases, death. Unfortunately, not all instances of misdiagnosis are legal grounds for a medical malpractice case. Instead, there are some specific criteria that must be met in order to have a successful case. Therefore, it’s always beneficial to hire an experienced Arkansas medical malpractice attorney to be on your side.

Dealing with a Medical Misdiagnosis?

Following a misdiagnosis or delayed diagnosis by a doctor, there is a good chance that you or your loved one’s health has suffered gravely as a result. Misdiagnoses that often go to court most commonly resulted in cancer, heart attacks, strokes, or death with could have been avoided with the proper care.

While holding your doctor responsible for failing to provide you with the proper level of care is sufficient grounds for a medical malpractice case, a misdiagnosis alone isn’t always enough to make your case successful. You must be able to specifically prove that the doctor acted negligently during certain events, consultations, tests, or procedures in order to cause harm to your health.

Qualifying Criteria for a Medical Malpractice Case

There are a few specific criteria that must be met in order to construct a reasonable case with the help of your Arkansas medical malpractice attorney. These criteria include:

  • Proof that a medical relationship existed between the doctor and patient
  • Evidence that the doctor acted with negligence in diagnosing the patient’s condition
  • Further proof that the doctor’s negligence led to further injury or death of the patient

It’s easy enough to provide evidence of the first stipulation, as medical records alone will show that you had a medical relationship with your doctor. However, proving that a doctor acted with negligence and that this negligence caused further problems with the patient’s health requires a great deal of evidence and, in many cases, expert testimony from other medical professionals.

In order to prove negligence, your attorney will have to present evidence in support of one of the following scenarios:

  • Your doctor did not conclude the correct diagnosis when a competent doctor under similar circumstances would have
  • Your doctor did conclude the correct diagnosis but failed to execute the correct tests or seek confirmation from specialists to confirm the diagnosis

However, if you doctor misdiagnosed your condition due to inaccurate test results from another facility, lab technicians or other professionals can be held accountable.

Benefits of Hiring a Medical Malpractice Attorney

If you’re looking to bring forth a successful medical malpractice case, the best thing you can do is begin working with an Arkansas medical malpractice attorney as soon as possible. It’s important to act quickly, as Arkansas law has a statute of limitations, or time limit, on filing medical malpractice cases: you have to file your medical malpractice suit within two years of the date of the injury or negligence.

There are many ways in which a dedicated and experienced attorney can assist you with your medical malpractice claim. Specifically, an attorney will have the knowledge, resources, and ability to gather the necessary evidence and testimony that you cannot find on your own. Furthermore, an attorney who specializes in medical malpractice suits will know how to work in getting you the maximum recovery amount possible.

If you’re looking for an experienced and trustworthy Arkansas medical malpractice attorney that meets all of your needs, contact the law offices of Nolan Caddell Reynolds. You can also call our offices at 1-866-242-0452 to set up a consultation with one of our attorneys to establish if your case meets the criteria for medical malpractice.

Typically I don’t leave much feedback for services rendered, however, in this particular case I think everyone needs to know about my experience with Caddell Reynolds. I have used various attorneys throughout my adulthood for various reasons. Recently I retained an attorney, Joel Hargis, from this firm. If anybody is just satisfied with meeting expectations you need to consider this firm for exceeding expectations. This attorney and his staff far exceeded any expectations I had at the onset. Tammy was amazing in making me feel comfortable with the various entries and documentation needed. Mandy goes above and beyond in being responsive to questions and needs. An example which has never happened to me before with any law firm, was I sent an email late Saturday night requesting an appointment and information and on Sunday I got a response back. What law firm does that? Never in my experience has that ever happened to me. Joel is absolutely amazing. He doesn’t circumvent the law he explains the law that any novice can understand. He left no doubt in my mind of his knowledge, his experience, his attention to detail, and his overall diligence in making sure that I was going to be represented in a manner that my confidence level in my particular case went up 150%. I very much recommend this law firm and if the rest of their legal team is as good as the one I retained within this firm they will go far in servicing any client that needs representation. Amazing and astounding don’t really define or describe how I feel. One word comes to mind, indescribable!

John T