Failure to Diagnose & Misdiagnosis: Understanding the Elements of a Medical Malpractice Claim

In every medical malpractice claim, the basis is proof is negligence. However, before you can negotiate a claim, you must be able to prove all four elements that make up and establish medical negligence. Sources define negligence as the failure to provide the standard of care that another person of ordinary discretion would have exercised under identical conditions. This can involve both actions and omissions.

An omission when there is a duty to act includes situations such misdiagnoses, delayed diagnoses, or failure to diagnose. If a medical professional or facility fails to diagnose, misdiagnoses, or diagnoses you too late, the consequences can be serious if not fatal. If a doctor has failed to diagnose you or has misdiagnosed you, you must prove the following four elements in order to establish negligence:

1st Element: The Duty of Care

You must prove the healthcare facility or professional owed you a duty. Each medical professional has a duty to act in a reasonable manner towards you as the patient.

2nd Element: The Breach of Duty

You must prove the healthcare facility or professional breached their duty of care by failing to act reasonably towards you as the patient.

3rd Element: The Breach Directly Caused the Injury

You must prove the healthcare facility or professional’s breach was the direct result of your injuries. The damages and injuries must directly relate to the healthcare facility or professional’s failure to act reasonably towards you.

4th Element: The Injury or Damage Caused Financial Losses

You must prove that because the healthcare facility or professional did not act reasonably or carry out the proper procedures, which caused you to suffer injury or harm, you now face financial loss. For a court judgment against the liable healthcare facility or professional in order to achieve financial compensation, you must provide adequate, documented evidence.

Suffered Injuries Due to Medical Negligence? Call the Law Office of Marshall Silberberg

If you have sustained harm or injury and believe a healthcare professional or facility should be held liable, we urge you to get in touch with our Orange County medical negligence lawyers at the Law Office of Marshall Silberberg right away. When you choose to entrust our team with your case, we will examine every detail of the incident and begin building a case to pursue monetary compensation as soon as possible.

Do not wait to retain the legal advocacy you need. Call us today!

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