Bautista LeRoy can guide your research about 'misdiagnosis and malpractice injury claims'. Since 1990, our attorneys have provided Kansas City Metropolitan Area residents with trusted personal injury representation. We handle cases such as car, truck, train, and motorcycle accident claims as well as nursing home negligence cases - offering expert legal advice in each case we take on and achieving optimal outcomes for clients.

This article defines misdiagnosis as medical negligence and provides details regarding what evidence must be submitted in failure-to-diagnose cases.

What are examples of misdiagnosis?

Misdiagnosis by healthcare providers may result in unnecessary treatments or delays for their patients, for instance, if early-stage cancer was misdiagnosed as benign such as cysts, these errors could result in cancer progressing beyond treatment and hinder any chance of recovery.

Does misdiagnosis constitute medical malpractice?

Medical malpractice entails much more than mere misdiagnosis - in order to qualify, certain legal criteria must first be fulfilled. Patients need to prove that the healthcare provider fell below what would be expected from an established doctor operating under similar conditions.

What must a plaintiff prove to establish a misdiagnosis claim?

Plaintiffs need various elements in order to successfully assert a failure-to-diagnose claim.

• Doctor-Patient Relations: Plaintiffs must establish that there existed a formal relationship with their physician that signified their duty of care.
• Negligence: For a plaintiff to successfully assert healthcare provider negligence, evidence must demonstrate how their diagnosis deviates from accepted standards.
• Causation: Plaintiffs must demonstrate that the doctor's negligence directly caused injuries or worsened existing conditions.
• Damages: Plaintiffs must show they have experienced damages such as emotional distress, medical costs, or physical discomfort as a result of misdiagnosis.

Why would hiring a personal injury attorney be beneficial?

• Personal injury attorneys offer unparalleled expertise when it comes to medical malpractice cases and their legal complexities.
• An experienced personal injury attorney has access to medical experts who can vouch for critical testimony for your claim.
• Insurance companies typically settle claims at insufficient amounts. An experienced attorney can negotiate to obtain maximum recompense.

When should an attorney be hired?

Should you suspect medical negligence or misdiagnosis, you should consult with a personal injury attorney immediately. These types of claims have tight deadlines to be successfully pursued. Delaying in taking action could result in you forgoing any right of recourse. Engaging an attorney early allows them to collect evidence, consult medical specialists, and build a compelling case.

What criteria must be considered when hiring an effective attorney?

• Experience: Choose a personal injury attorney who specializes in representing medical malpractice claims.
• Reputation: Client reviews and ratings provide an indication of an attorney's expertise.
• Communication: Make sure the attorney you select provides regular updates and communicates clearly.

Why Choose Bautista LeRoy LLC?

At Bautista-LeRoy Law firm, we take great pleasure in our experience handling medical malpractice cases. Our attorneys are dedicated to protecting your rights while understanding all of the complexities related to misdiagnosis cases. Legal expertise combined with attentive client care allows us to offer personalized assistance throughout all steps of the legal process.

Suggested Action Steps

• Records must be kept of medical treatments, visits, or communications with doctors for evidence purposes.
• Contact a personal injury attorney immediately to explore all available legal avenues.
• If you suspect medical malpractice, legal representation should be secured to safeguard your rights.

Medical negligence can have lasting repercussions. By understanding your rights as an affected patient and seeking legal assistance with regard to filing your claim against negligent healthcare providers, you can hold them responsible. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.