Calgary Medical Malpractice Lawyers for Missed Diagnosis
Many medical malpractice cases involve situations in which a physician either delayed or missed a diagnosis of a medical condition, injury, or illness. Sometimes, this results in receiving the wrong treatment, or no treatment at all and the patient’s condition worsens. Yet, a missed diagnosis or delayed diagnosis alone does not establish negligence for the purposes of starting a medical malpractice lawsuit.
At Cuming & Gillepsie, our lawyers have successfully pursued medical malpractice claims for missed or delayed diagnosis and are very familiar with the medical and technical intricacies of these kinds of cases. We have the knowledge and the experience to guide you towards obtaining maximum compensation. Our wealth of experience and excellent track record for winning damages for our injured clients make us the best choice to represent your interests. With over $175 million recovered for our clients in the past 10 years, we know how to best approach your claim to ensure it is a success and help you move on with your recovery and the rest of your life.
Not all errors or missed diagnoses are considered negligent. In order to prove actual negligence by a physician or medical professional, the injured party must prove two things:
- The doctor or medical professional/institution breached a standard of care owed to the patient, and
- That the breach in the standard of care caused the person’s injuries.
The first point that will be addressed will be the standard of care. The court will ask: “what standard of care was owed to the patient?” and “What would a reasonably skilled and competent doctor providing the same care have done?”
The next issue that will be touched on will be causation: did the negligence cause the injured party’s injuries. If the injuries were caused by negligence, then you may have a good case. If the outcome would have occurred if the doctor followed all proper procedures, then it will be difficult to prove negligence.
Neither of these elements is straightforward. Doctors with decades of experience can make diagnostic errors even when using reasonable care. If a condition is rare, it is more difficult to say whether a doctor did not provide reasonable care in the diagnosis process.
Medical Malpractice for Missed or Delayed Diagnosis
In cases of medical malpractice where a diagnostic error breaches a standard of care, the injured person must prove that a doctor in a similar specialty, under similar circumstances, would have correctly diagnosed the patient’s condition.
How that breach may have occurred will vary. For example, perhaps the doctor failed to perform the appropriate tests, or seek the opinion of specialists in that area of medicine, or follow-up with the patient following the test results. Regardless, even if there is a breach in the standard of care, the injured party must prove the breach caused their injuries.
Having the Right Lawyer Can Make a Difference
Missed or delayed diagnosis claims are complicated and require a legal team that is experienced, and very knowledgeable in the field. At Cuming & Gillespie, our lawyers have over 20 years of experience representing injured patients, including patients affected by misdiagnosis or failure to diagnose. We have been recognized as a Leading Firm and Leading Lawyers by Lexpert.
Our approach to medical malpractice cases is simple: all of our cases are taken on a contingency basis. That means we do not charge you any fees unless we are successful. We know that for a lot of people, it is not necessarily financially possible to pay a lawyer up front for their services. It is for this reason that we do not require a retainer payment or any other money up front.
Cuming & Gillespie: Leaders in Medical Malpractice
If you think you have suffered an injury due to a missed or delayed diagnosis, please contact us today by phone, 403-571-0555 or contact us online to book a free consultation. We will review your case and give you an honest assessment on whether the missed diagnosis rose to a level of negligence and whether a claim will have a strong likelihood of success.