What Kind of Evidence Does a Failure to Diagnose Lawyer Seek?

When a medical professional fails to diagnose a patient, it can result in serious injuries. If you’ve been a victim of this type of medical malpractice, one of the most important things that you can do for yourself is to consult with a failure to diagnose lawyer.

A medical malpractice lawyer can help you right from the start of the case by gathering evidence that can corroborate your claim. Learn more about the kinds of evidence that your lawyer will seek.

Failure to Diagnose Claims and the Importance of the Right Evidence

Failure to diagnose claims, like other forms of medical malpractice, require that you demonstrate the treatment you received fell below the standard of care. You have to show that the professional breached their duty toward you and that it resulted in your injuries. All of that requires having the right evidence.

In a failure to diagnose claim, you’ll have to establish that another professional in the same medical field as the defendant would not have failed to diagnose you correctly. Unless you have medical training, you won’t have the knowledge necessary to prove that negligence occurred.

By gathering evidence, your attorney can get a medical professional to corroborate that negligence took place. Without this corroboration, the claim can’t proceed.

Most Valuable Evidence to Gather in a Failure to Diagnose Case

To help build a robust case, your medical malpractice attorney will look for some key pieces of evidence.

Medical Records

Medical records make up a huge section of the evidence you will need in a failure to diagnose case. These records will show that a duty of care existed and that the other party failed to live up to it.

Medical histories can show whether the professional missed key pieces of information that you provided, failed to ask crucial questions, or didn’t make connections they should have made.

An example would be if you have symptoms that could point to a few conditions, but you have a family history of one of these illnesses, and the physician didn't consider this during the diagnosis.

Test and Imaging Results

Test and imaging results offer concrete evidence of what you were experiencing when you went to receive care. If the medical professional misinterpreted the result or didn’t order a particular test, that can point to negligence.

Doctor’s Notes

Having your doctor’s notes can offer insight into what the medical professional gathered from your visits. It can point to things they overlooked or errors they made in judgment.

Expert Testimony

To prove that the defendant offered substandard care, your lawyer will seek out a professional in the same field and with comparable experience and training. These professionals will look at all of the evidence and assess whether the defendant’s actions can be considered negligence.

Getting this expert testimony is essential because you must submit an affidavit of merit with your suit. An affidavit of merit is a document in which the expert declares under oath that they have examined the evidence and believe that the standard of care wasn’t met.

Witness Statements

Another important type of evidence that your failure to diagnose lawyer will look for is witness statements from family members and the defendant’s colleagues. If your loved ones were with you when you spoke with the doctor or when you received test results, they can help corroborate conversations.

Your loved ones can also offer information on how your health deteriorated as a result of the failure to diagnose. The medical professional’s colleagues can also provide their viewpoint on everything from the tests that were ordered and the defendant’s interpretation of the results to whether the doctor was distracted when diagnosing.

Prior Medical Records

If you have prior medical records with clear and recognizable patterns of symptoms, this can strengthen your case. That’s because it shows missed opportunities for a proper and timely diagnosis.

How a Medical Malpractice Attorney Helps Gather Evidence

Your failure to diagnose lawyer has experience with these claims, which means they will be able to help you gather the most relevant evidence. Vitally, if you are too ill to get medical records yourself, your lawyer can do it on your behalf as long as you authorize them to do so.

Your lawyer can also help you put the evidence together so that it paints a cohesive picture. The clearer the negligence is, the faster that a settlement can take place.

FAQ

How Much Does It Cost to Hire a Medical Malpractice Lawyer?

Medical malpractice lawyers work on a contingency fee basis. They don’t charge upfront fees but will instead receive a percentage of your settlement or jury verdict. This allows you to pursue compensation without worrying about more bills.

Can I File a Medical Malpractice Claim on My Own?

Although it’s possible to do so without a lawyer, medical malpractice claims are very complex and require experience. You will likely not have the right contacts to serve as expert witnesses, which can create issues right from the start because you won’t be able to file the affidavit of merit.

What Happens if I Don’t Have an Affidavit of Merit?

A medical malpractice lawsuit that is not presented with an affidavit of merit can (and usually is) dismissed by the Court.

Is There a Time Limit to Medical Malpractice Cases?

Yes. Typically, Ohio gives you one year from the moment the medical negligence occurred or from when you discover the negligence to file a claim. There are some exceptions to this, but you should always begin your claim as soon as possible. Time is of the essence. That’s why it’s important to contact an attorney who can guide you through this process.

Get Help From Dependable and Experienced Medical Malpractice Lawyers

If you have suffered an injury because of a medical professional’s negligence, contacting a lawyer can mean having a chance to recuperate your losses. At The Moore Law Firm, our failure to diagnose lawyers can provide the support you need. Contact our team to speak with an attorney.