A medical malpractice lawsuit may be an option for patients who feel their doctors mistreated them due to a delay or mistake in diagnosing a potentially life-threatening ailment. However, lawyers such as Janet, Janet & Suggs say that “it is crucial to keep in mind that mistakes and adverse outcomes do not automatically entail that medical negligence has occurred, at least not in the eyes of the law.”
When Can I File A Medical Misdiagnosed Flu Case?
Medical malpractice lawsuits can be filed if a patient suffers because a doctor gave them a false or delayed flu diagnosis. Misdiagnosing the flu is common due to human error, which is the leading cause of medical blunders. In order to provide accurate diagnoses, doctors need to use all the data at their disposal. But doctors frequently misdiagnose influenza, common cold, and pneumonia because their symptoms are similar.
Mistakes can occur if adequate testing protocols aren’t followed, or preliminary results aren’t followed up. If a doctor suspects influenza, for instance, they may use a “rapid test,” although this type of test isn’t always reliable. A misdiagnosis may occur if your doctor fails to perform adequate follow-up after receiving speedy test results and instead draws a conclusion without further investigation.
Basic Requirements for a Medical Malpractice Claim
- The Doctor Was Negligent. You cannot claim medical malpractice simply because you were dissatisfied with the doctor’s care or the outcome of your treatment. Your diagnosis or treatment by the doctor must have been flawed. In order to file a medical malpractice suit, you must demonstrate that the physician acted in a way that would not have been expected of a reasonably competent practitioner in the same or similar circumstances. The standard of care provided by the physician need only be “reasonably careful and skilful,” rather than excellent. One of the most important questions in every medical negligence case is whether or not the treating physician exercised appropriate competence and care. In almost every jurisdiction, a patient must provide testimony from a medical expert who describes the applicable medical standard of care and demonstrates how the defendant’s actions fell short of those standards.
- Injury Occurred Due to the Doctor’s Negligence. There is sometimes some debate over whether or not the doctor’s actions were negligent or not caused the injury claimed in a malpractice case because so many of them involve patients who were already ill or injured.
- Injuries Caused Specific Losses. The patient could not file a malpractice suit if there was no resulting harm, even though it is evident that the doctor’s performance fell below the usual standards in the profession.
When Is a Doctor Responsible for Medical Malpractice?
There is no guarantee that you can hold your doctor accountable for getting sick because of a wrong flu diagnosis. You need to prove the following to have a strong malpractice case:
- There was a doctor-patient interaction between you and the healthcare provider, and the healthcare provider provided you with examination or care.
- Your doctor failed to meet the criteria for proper medical care that would be expected of a practitioner in the same field.
- The incorrect diagnosis harmed you.
If you feel you have been the victim of medical malpractice, you can contact several top practicing attorneys like Janet, Janet & Suggs. If you have a genuine claim, they can investigate it thoroughly to determine what led to your incorrect diagnosis. To that end, they’re ready to go to court and demand full compensation for any losses.