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Failure to Diagnose | McAllen Medical Malpractice

When you take a trip to the doctor or hospital in McAllen, you expect medical professionals to be able to assess your condition accurately. That’s why we go to doctors, after all. Many times, however, trained professionals overlook underlying problems with dire consequences. This reality is why patients often sue doctors for their failure to diagnose. If you or a loved one suffered from a failure to diagnose in McAllen, you need to take action. A lawyer can assist you in correctly filing for medical malpractice to get you justice. At Carabin Shaw, our helpful team has years of experiencing working medical malpractice cases. We’re ready to listen to your McAllen medical malpractice case and build a plan based on your unique circumstances.

Understanding Failure to Diagnose

Medical malpractice law ensures that patients always receive proper care. For this reason, doctors should assess a patient’s health concerns and create the right treatment plan for the patient based on their condition. When a doctor in McAllen fails to diagnose an issue or gives the wrong diagnosis, medical malpractice law gives patients the right to pursue compensation for any harm caused to them.

Patients must prove the following three elements when making a medical misdiagnosis claim:

  1. When the alleged diagnostic error occurred, a doctor-patient relationship existed.
  2. The doctor’s error was at a level of negligence.
  3. Because of that negligence, the patient suffered harm.

It’s crucial to understand what each of these elements means to know how best to make your case. An attorney can help establish each of these points.

The Doctor-Patient Relationship

Generally, a doctor-patient relationship occurs when a patient sees a doctor. There’s no requirement for a written contract or payment promised or exchanged. When doctors perform their duties, they need to provide reasonably competent care, which includes accurately diagnosing possible health problems. If you have questions about the formation of a doctor-patient relationship, speak with McAllen hospital negligence lawyers.

What is a Negligent Level of Failure to Diagnose?

A doctor’s actions are negligent if they do not provide the same level of care that another reasonably competent doctor would exercise in a similar situation. To win a McAllen medical malpractice case, the burden of proof is on the plaintiff to demonstrate what reasonably prudent care should be. Typically, an expert witness, such as a doctor with experience treating the patient’s condition, will explain what a reasonable standard of care looks like. This witness will also outline how the patient’s doctor failed to meet that reasonable standard of care. A lawyer hires most expert witnesses.

Did the Failure to Diagnose Cause Harm?

To win compensation in a medical malpractice case, the plaintiff must prove, usually with the help of an attorney, that the doctor’s misdiagnosis caused harm. Showing that injury occurred after a doctor was negligent is insufficient. There must be a direct link between the doctor’s breach of duty and the harm it caused. If you can prove this connection, you can be compensated for the following types of damages:

  • Medical bills
  • Pain and suffering
  • Loss of income
  • Loss of enjoyment of life
  • Funerary costs

The key is demonstrating a direct link between the doctor’s actions and the patient’s harm, which McAllen hospital negligence lawyers will know how to do.

How to Win Your Case

If you or a loved one suffered from McAllen medical malpractice, you need justice. A medical malpractice attorney serving McAllen can assist you in building your case and following all the right steps to maximize your compensation. Our team at Carabin Shaw is highly experienced and ready to fight for you. Connect with us today and let us advocate for you and your family. Call us at 956-664-7255 or toll-free at 1-800-862-1260.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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