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Failure to Diagnose and Delayed Diagnoses – When Is It a Matter of Negligence?

Failure DiagnoseWhen it comes to medical malpractice, a few key elements must be in place to make the act or inaction compensable under the law. Negligence, the willful or wanton disregard for the well-being of their patient(s), is one of the most crucial – especially where failure to diagnose and delayed diagnoses are concerned. Learn how to tell if your case involves an element of negligence and discover what an experienced medical malpractice lawyer may be able to do for you.

Best Practice, Standard Practice, and Negligence

When it comes to the practice of medicine, there are three main terms that victims need to know: best practice, standard practice, and negligence. Since you have already learned negligence, it is time to examine best practice and standard practice, particularly what makes them so different. Best practices are the standard that medicine should strive to achieve – it is ensuring that every decision, every act, every incision or test is provided with the patient’s best interest in mind. Standard practice is different; it is the level of medicine that is considered “acceptable” or “standard” within the industry – or the lowest threshold of safe medicine.

Despite misconception, doctors are not held to best practices in a malpractice case. Instead, they typically only need to show that they were following standard practices. For victims, this can be extremely frustrating to learn, especially when they are confident that the doctor’s actions or inactions led to the death or injury of a loved one.

When is Failure to Diagnose or a Delayed Diagnosis Negligence?

Before a delayed or missed diagnosis can be ruled as negligence, the victim must prove that the physician failed to provide the standard of care. For example, a victim who has suffered from a delayed cancer diagnosis must be able to show that the doctor failed to provide a test (or incorrectly read the results), even though all clinical evidence suggested that it should be. In such instances, the victim may be owed compensation – just keep in mind that there must also be a loss, such as medical expenses or the loss of a life for there to be a case.

Contact Our San Jose Medical Malpractice Lawyers

If believe that you or someone you love has been the victim of medical negligence, contact Corsiglia, McMahon & Allard, LLP for assistance. Dedicated and experienced, our San Jose medical malpractice lawyers can examine the details of your case, search for possible evidence of wrongdoing, and represent your best interests, should there be a viable reason to move forward. Start by scheduling a free and personalized consultation. Call (408) 289-1417 today.

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Client Reviews
★★★★★
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.