In most cases, the earlier that a person is diagnosed with an illness or another medical condition, the better that a doctor is able to treat the condition and manage any symptoms caused by the condition. When an illness is not diagnosed promptly, it can lead to a worsening of the severity of the illness, and also it may cause a subsequent illness or health issue. If you sustained damages due to a delayed diagnosis, it is critical to retain an experienced Rhode Island medical malpractice lawyer to assist you in seeking any compensation that you may be owed. Attorney David Tapalian will work tirelessly to help you pursue the best outcome possible under the facts of your case.Common Causes of a Delayed Diagnosis
Delayed diagnoses are frequently caused by a doctor's failure to take proper notice of a patient's symptoms. Common illnesses in which symptoms may go unnoticed by doctors include cancer, heart conditions, and diabetes. In turn, a failure to address a patient's symptoms often leads to a doctor's failure to conduct appropriate tests or misinterpretation of test results. A delayed diagnosis can also occur when a doctor fails to perform routine examinations or refer a patient to a specialist. If you suffered harm due to a delayed diagnosis, you should speak with a capable medical malpractice attorney to discuss your case and whether you may be able to recover compensation.Proving That Your Doctor Was Negligent in Failing to Provide a Prompt Diagnosis
In most medical malpractice cases, the injured plaintiff will allege that the treating doctor’s actions caused his or her injuries. Lawsuits arising out of a delayed diagnosis differ from other medical malpractice cases in that it is the doctor’s failure to act that caused the patient’s harm. To prove that a doctor should be held liable for a delayed diagnosis, the patient must establish that the doctor's negligent failure to provide a prompt diagnosis caused his or her harm.
There are several elements of negligence in a malpractice lawsuit. The injured person must first establish that a doctor-patient relationship existed between the injured person and the defendant doctor. Typically, this is shown via evidence that the doctor treated the injured person. Once the doctor-patient relationship is established, the injured person must show that the doctor breached the applicable standard of care. The standard of care in a medical malpractice case is the level of care that a reasonably competent doctor practicing in the same community and in the same specialty would exercise under similar circumstances. In cases involving a delayed diagnosis, the standard of care would be how long it would take a competent doctor to provide a proper diagnosis.
Lastly, the injured person must show that the delayed diagnosis directly caused his or her harm. In the majority of delayed diagnosis cases, expert testimony will be necessary to establish both the breach of the standard of care and how the breach caused the injured person’s harm.
If the injured person successfully proves that the defendant doctor's negligence caused his or her harm, the injured person may be able to recover compensation for medical expenses incurred due to the delayed diagnosis, any loss of earnings attributable to the harm caused by the delayed diagnosis, and damages for pain and suffering. A skilled Rhode Island attorney can explain the full amount of damages that you may be able to recover.Meet With a Trusted Medical Malpractice Lawyer
To treat an illness or medical condition in an effective manner, it is critical to obtain a timely diagnosis. If a delayed diagnosis negatively affected your health, you should meet with a skilled Rhode Island attorney as soon as possible to evaluate your case. David Tapalian can gather facts and evidence in support of the argument that your doctor should be held liable for your harm. Mr. Tapalian has an office in Providence, Rhode Island. Additionally, he is available by appointment at his second office in Seekonk, Massachusetts. Attorney Tapalian can be reached via our online form or at 401-552-5000 for a free and confidential consultation.