In Charleston medical malpractice claims, one of the avenues in pursuit of compensation that can be used by an injured person is if the doctor or the facility, or a combination of the two, or anyone involved in making the decision and diagnosis, fails to reach the industry standard of care as to what should be done to make a proper diagnosis for their patient.
A patient should contact an experienced medical malpractice attorney, if the medical professional or entity falls short of that standard of care and make an improper diagnosis, or fail to diagnose the problem at all. Arguably the injured party has the ability to argue that medical malpractice has occurred and they can seek any and all damages that they incurred as a result of that malpractice.
Circumstances of a Misdiagnosis
The industry standard protocols outline methods for proper diagnosis and define a misdiagnosis as failure to use those protocols. Either the protocols were not used, were deviated from, or failed to be used properly, and lead to either failing to identify the proper diagnosis or made an improper diagnosis that lead to unnecessary treatment, and so forth, when it would have been easy to make the diagnosis had they used the industry standards on how to do that.
A misdiagnosis medical malpractice case in Charleston can be argued equally by both sides. It is much easier to focus on what it is as opposed to what it is not, because again, it is very fact specific. An experienced attorney would not want to confuse an injured person into thinking that they may not have a case because they believe they are a victim of some “acceptable” misdiagnosis.
This is another very good reason why any injured person who thinks they may have been a victim of medical malpractice in South Carolina should reach out to an experienced South Carolina medical malpractice attorney to help them determine the facts and ascertain whether or not there was medical malpractice committed.
Dangerous Conditions of Misdiagnosis
A dangerous scenario of misdiagnosis could be a failure to determine if someone is in the early stage of cancer when if treated in the early stage would prevent death. That would be a terrible failure to diagnose and it could lead to a misdiagnosis medical malpractice case in Charleston.
People that are pre-diabetic and are not tested properly could have taken the proper steps to arguably avoid becoming diabetic. Once they are diabetic, they have a myriad of complications to go with that, and the damages and problems as well. Arguably in those cases, there may be malpractice that has occurred.
Facts and circumstances are vital. Just because a person is diagnosed with cancer and the person ultimately dies does not mean that medical malpractice has occurred. It is the same with diabetes or any other condition.
Preventing Mistreatment
One way to reduce the occurrence of misdiagnosis medical malpractice cases is to follow the industry standard of what should be used to make a diagnosis. Presenting symptoms of cancer that were not detected or diagnosised by doing testing, blood work, urine analysis, mammogram can be considered medical negligence.
The standard of care plays a large role in presenting these symptoms. To prevent misdiagnosis medical malpractice in Charleston, one would need to compare the medical professional’s actions with the appropriate standard of care would lead a professional to rule in or rule out a certain type of medical condition. That is using the proper standard of care and that would reduce the instances of misdiagnosis. When misdiagnosis occurs, the proper standard of care or protocol was not followed and something is missed.
Starting Legal Investigations
One of the first things an experienced attorney would likely do, in regards to a misdiagnosis medical malpractice case in Charleston, is gather the medical records and obtain a good chronology and history of the injured person, and anyone who is with them, as to what happened or did not happen.
Upon review of the materials, an experienced attorney may secure the right expert who will use their experience, education, and training to make a determination as to whether or not that industry standard was met. If it was not met, then arguably medical malpractice has occurred. If the standard was met, even if there was a bad outcome for the injured person, there is likely no medical malpractice.
Common Mistakes
Some people continue to work with their doctor for months or years before they cut off communication and seek legal advice, and that communication depends on the facts and circumstances of a case. It is important to contact a skilled lawyer as soon as you can.
In South Carolina medical malpractice cases, some of the biggest mistakes that an injured person can make is not seeking legal help right away. Evidence and memories may fade about what has occurred regarding the injured person, doctors, nurses, facilities, or whoever was involved in their care.
Memories dull over time and so time can be the enemy in these cases. Another mistake is failing to document with the medical provider all of their symptoms, problems, complaints, and concerns in a way that they make it into the medical records. This creates a clear record of what was reported versus what somebody may claim at a later date that was not told to them.
Contacting an Attorney
Misdiagnosis medical malpractice in Charleston can be something as simple as failure to take blood that would have shown cancer. It can be a failure to provide any type of test that would be an industry standard that would have pointed out whatever the medical condition is that the person has and led to a treatment plan that either could have maybe cured the condition or at least made the condition treatable in a chronic situation, but not ultimately life-threatening to the injured person, for example.
There is a myriad of examples and conditions that could be identified and diagnosed improperly. If anyone feels that their diagnosis is not correct, or that proper testing was not applied, they should reach out to an experienced medical malpractice attorney in South Carolina to help them determine if they have a case.
If an individual feels that a misdiagnosis or no diagnosis may have occurred, they should reach out to a Charleston medical malpractice attorney to assess the matter and determine if there is a case of medical malpractice and the strengths and weaknesses of his case.
