Who Should You Sue if Your Doctor Fails to Diagnose?
Nobody wants to hear their doctor say that they are sick. It’s one thing if you have a minor illness. You may even be able to deal with the news that you need surgery. But when you hear that you have cancer, you may feel like your life is over. If you get the news early enough, they may be able to treat your illness. In fact, for some types of cancer, if you get the diagnosis early enough, there could be a good chance that you’ll make a full recovery. For other types of cancer, however, timing is key. Every day and week matters. If your doctor fails to diagnose your illness in time, it could mean the difference between life and death.
Doctors are not perfect. They are human beings, after all. And, human beings make mistakes. The difference is that, when a doctor makes a mistake, their patient could get very sick or even die. That’s why they’re held to a certain standard when it comes to making mistakes. Your doctor is supposed to be an expert at what they do. If they don’t take the necessary steps to examine you, it could be very costly.
If you’ve learned that you or your loved one are sick, you’re going to have your hands full. You’ll be going to doctor’s appointments and getting treatment. You’ll likely be out of work and unable to handle stressful situations. That’s when you know it’s time to call an experienced personal injury lawyer in Lake Charles. They’ll review your case and see if your doctor was negligent. And, if they were, they’ll fight to get you the compensation you deserve.
How Do You Prove That Your Doctor Was Negligent?
Most personal injury cases require that you prove negligence. In order to do this, your Lake Charles personal injury attorney will have to demonstrate four (4) things:
- Your doctor owed you a duty of care – This is not going to be hard to prove. Every doctor owes their patients a certain level of duty. They not only took the Hippocratic oath, but their job requires them to do the right thing. This duty would include that they run the necessary tests to determine your illness.
- They breached this duty of care – This is the difficult part of your case. Your Lake Charles injury lawyer needs to be able to prove that the doctor breached their duty of care. This could include anything from your doctor not running the proper tests to refusing to take your calls.
- You were injured – If you’re diagnosed with cancer, then it is clear you have suffered an injury. The questions will be whether this injury was caused by the doctor’s breach of duty.
- Your injuries were caused by your doctor’s breach – If you were diagnosed with cancer, your doctor’s attorney will argue that this would’ve happened no matter what your doctor did. Your Lake Charles personal injury lawyer will argue that you would’ve been able to treat your illness faster had your doctor done their job.
If your attorney is able to prove all four of these things, you may be entitled to damages. The question will come down to this: would your prognosis have been better had your doctor honored their duty of care. If the answer is yes, then you should have a strong case. If, however, the court finds that you would’ve been in the same position, health-wise, no matter what the doctor did, you may not be eligible for damages.
Call and Talk to One of Our Experienced Personal Injury Attorneys in Lake Charles
If your loved one was misdiagnosed with a serious illness, you need to call our office right away. Your doctor has a duty to examine you and find out if you are sick. If they fail to do this, you may have a claim for damages. The only way to know for sure is to call and talk to an experienced personal injury lawyer in Lake Charles, Louisiana. They can review your case and determine if your doctor may be liable for damages.
Call today and schedule your free initial consultation. You can have an experienced injury lawyer in Louisiana determine if your case is strong enough to pursue. If it is, they can even give you an idea of what your case may be worth. The consultation is free and you don’t have to pay until your case is resolved.