Proving Misdiagnosis in Colorado Medical Malpractice Claims
A misdiagnosis can be extremely damaging and even life-threatening, leading to unnecessary tests, treatments, or surgeries. If you believe that a healthcare provider has misdiagnosed your condition or failed to diagnose it promptly, you may have grounds for a medical malpractice claim in Colorado. This blog post will provide an overview of how to prove misdiagnosis in such cases.
The Elements of Proving Misdiagnosis
To prove misdiagnosis in a medical malpractice claim, the patient or plantiff must establish three elements: duty, breach of duty, and damages. First, the medical professional must have owed the patient a duty of care. In other words, there must have been a doctor-patient relationship between the two parties. Second, the patient or plaintiff must demonstrate that this duty was breached by proving that the healthcare provider made an incorrect diagnosis or failed to make one. Third and finally, the patient or plaintiff must show damages resulting from this breach of duty and that they suffered some physical injury, emotional damage, or financial loss due to the misdiagnosis.
Proving Medical Negligence
To win their case and receive compensation for their losses, the plaintiff (the injured party) must prove that their injury was caused by medical negligence on behalf of the defendant (the healthcare provider). This means showing that another competent doctor would have avoided this mistake under similar circumstances. The plaintiff will also need to present evidence demonstrating how much compensation they should receive, including hospital bills and lost wages due to time away from work due to their injury.
Expert Witness Testimony
An essential part of proving medical negligence is providing expert witness testimony from another doctor who can attest to the standard level of care that should have been provided in this situation — as well as an explanation as to why it was breached by the defendant’s actions or lack thereof. Without this testimony from an experienced physician specializing in diagnosing these particular types of injuries or conditions within your state’s laws and regulations, it’ll be difficult for your case to succeed.
Getting Legal Help For Your Medical Malpractice Claim
Proving misdiagnosis can be complicated, but with experienced legal representation, receiving compensation for any losses incurred due to medical negligence is possible. Suppose you believe a healthcare provider has wrongfully diagnosed you in Colorado. In that case, you must contact an experienced attorney specializing in medical malpractice cases immediately so they can help build your case and protect your rights throughout every step of the process. Working with an experienced lawyer will ensure you get the justice you deserve and are compensated fairly for any damages caused by medical negligence.
Contact Denver Trial Lawyers® today at (303) 647-9990 or fill out this short form for a free consultation. There are no fees unless we win.