Evidence is extremely important in a Louisville misdiagnosis case. In all medical malpractice cases, the injured party and their attorney must prove the health care professional who treated them owed them a duty of care, a breach of that duty occurred, that they failed to diagnose an illness, and that failure to diagnose actually caused the patient’s injuries.
If you or your loved one suffered a misdiagnosis by your physician, reach out to an experienced attorney as soon as possible. A skilled misdiagnosis attorney can collect all the evidence required to help prove your medical malpractice claim. Call today to learn more about the role of evidence in a Louisville misdiagnosis case.
Many forms of evidence are needed to prove medical malpractice in a misdiagnosis case. Medical records are especially important to prove how the doctor went about diagnosing the patient. Any evidence documenting the patient’s injuries are also very helpful in proving misdiagnosis. For example, a patient’s journal or diary would also be extremely important in showing the progression of their symptoms if they were misdiagnosed.
Testimonials from friends and family are also helpful to show how a patient’s life changed as a result of the misdiagnosis. Additionally, expert witnesses and testimony from other medical professionals are also used to prove that a physician misdiagnosed the patient.
Proving a patient was misdiagnosed often requires the use of expert witnesses. They will help prove how a competent health care provider would have acted in the situation and whether or not they wouldn’t have missed the diagnosis.
Attorneys must go through several steps before they can use an expert witness in a misdiagnosis case. Attorneys use the Daubert Standard, where they must prove an expert is sufficiently qualified to testify on the issue at hand. Other steps include dealing with The Health Insurance Portability and Accountability Act (HIPAA), retrieving medical records, and preserving evidence from surgery applicable in the case.
Some of the most common mistakes people make when they are pursuing a misdiagnosis claim is that not all misdiagnoses are considered medical malpractice. Just because a doctor made a misdiagnosis does not necessarily mean the patient has an actionable claim.
Other mistakes people make when attempting to pursue a medical malpractice claim is not being upfront and trying to hide things from their misdiagnosis attorney. Also, postings made on social media like Facebook and Instagram can come back to haunt them and hurt their case, as all social media is considered discoverable by defense attorneys.
If you believe you or a loved one are the victim of a misdiagnosis, contact an experienced attorney immediately. We will listen to your story and why you believe you have a claim. Schedule a consultation today.
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