Failure to diagnose is a type of malpractice. If you were the victim of medical negligence that caused serious harm to your baby, you have the right to hold the treating physician or liable party accountable.
In order to prove a failure to diagnose was medical malpractice, however, you need to establish a few key points.
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Establishing Medical Malpractice in Your Failure To Diagnose Case
Before filing a medical malpractice case against a doctor whose failure to diagnose led to your baby’s birth injury, you must establish that there was a patient-doctor relationship with the doctor or medical team you are suing.
Generally speaking, if you had a doctor who consistently saw you throughout your pregnancy, then a relationship existed. Be aware that some physicians may fight this depending on how long they saw you or if they discontinued managing your pregnancy for some reason.
You also have to identify what the physician or medical personnel failed to diagnose. This can be determined through your medical records. Doctors maintain records of each visit you had with them, what procedures or tests were done, and what you discussed, such as concerns and questions you had about your pregnancy.
Reviewing your doctor’s notes may help you determine if a mistake was made. You then have to show how this mistake or medical negligence caused your birth injury.
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What To Do if a Birth Injury Was Caused by Failing To Diagnose
If you believe a birth injury was the result of medical negligence, there are a few things you can do now that may save you time and frustration if you decide you want to file a medical malpractice lawsuit.
Start by gathering all your medical documents, reports, appointment dates, etc. Call your doctor’s office and ask for copies of your medical reports. Save everything related to your medical visits and pregnancy. Small details may be pivotal in your case. It is better to be overprepared than underprepared.
You may also want to see another doctor to receive a second opinion and to assess your situation. Having another doctor examine, diagnose, and identify a possible cause of your child’s birth injury can help support your case. Ask them questions about your infant’s birth injury, how it may have happened, and how it will impact your child’s futures. Make sure to keep all these records as well, along with contact information for every doctor you consulted.
Furthermore, you may want to consider hiring an attorney to help you determine if you have a case, and discuss the legal options that are available to you. Medical malpractice cases can be tough to fight. According to the Bureau of Justice Statistics, fewer than 25% of medical malpractice plaintiffs won their lawsuits. An attorney can prepare your case by gathering evidence, collecting expert testimonies, filling out appropriate paperwork, and representing you in court. A lawyer can also prepare for arguments that you may not have considered.
Keep in mind that you have a deadline to file a birth injury claim. This is known as a statute of limitations. If you miss the deadline, you risk losing your chance to file for the compensation to which you may be entitled.
Taking legal action against your physician can be daunting and upsetting. Mistakes happen, but that does not mean you and your family have to suffer financially and emotionally. When serious injuries occur due to the negligence of a medical professional, you deserve to be compensated. Seeking restitution can help you cover the costs and losses you and your family may endure from a birth injury.
Seek Legal Representation for a Medical Malpractice Case
A birth injury caused by a failure to diagnose is considered malpractice, and you may be entitled to receive compensation both for the physical injuries it caused, and the pain and suffering you and your family have had to endure.
The Birth Injury Lawyers Group can help you with all the details of building your case so you can take the time you need to care for your baby. Call (800) 222-9529 today for your free consultation with a member of our team to review your case and discuss your legal options.