Modern medicine continues to advance, and healthcare providers can identify serious conditions sooner than ever before and begin treating them before they progress. However, mistakes sometimes occur, leading to delays in treatment.
While a doctor’s errors are not always grounds for legal action, those resulting from negligence could result in them being held financially accountable. While such claims are often complex, a skilled Columbia delayed diagnosis lawyer could guide you through the process. Contact Whetstone Perkins & Fulda today to schedule your consultation with a dedicated medical malpractice attorney.
Consequences of Delayed Treatment
Severe repercussions can result when a physician or specialist fails to promptly identify a medical condition, leading to delayed or inadequate treatment. The error can have lasting impacts on your physical health, emotional well-being, and finances.
Physical Health
The primary consequences of delayed diagnosis are the progression of your illness, which can quickly spiral into worsened health and complications that may have been preventable. For example, a delay in diagnosing cancer can allow the disease to advance to more aggressive stages and minimize the effectiveness and survival rate of treatment. A condition that was once treatable could turn terminal because of the lack of intervention. If this has happened to you or your loved one, you deserve comprehensive legal support and just compensation.
Emotional Well-Being
The suffering and uncertainty resulting from an error leading to a delay in identifying and diagnosing you and treatment can cause substantial and lasting emotional distress, such as anxiety and depression. The impacts can greatly reduce your quality of life, causing you and your family to experience high levels of stress and unnecessary pain.
Finances
Failing to identify and treat a condition often leads to costly interventions, including advanced surgical procedures, specialized therapies, and prolonged hospital stays. Such treatment could leave you with additional medical bills and the need for further healthcare and services that may not have been necessary if your condition had been identified sooner. Our seasoned Columbia delayed diagnosis attorney understands the difficult situation you face and could provide sound legal advice and support as you navigate the process.
How Do I Prove Medical Malpractice?
Proving medical malpractice requires that you establish that the doctor’s negligence caused you harm. Pursuant to South Carolina Code § 15-79-110, the claim must show that the breach of the standard of professional medical care caused harm by deviating from the expected standard.
Further, it must demonstrate that you would have had an improved outcome had you seen another reasonably prudent provider in a similar circumstance. Such cases are complex, and the burden of proof lies on the patients, requiring them to establish liability by a preponderance of the evidence.
Four Elements
Winning an award for damages requires showing that each of the four elements of negligence exists. The first two are duty of care and breach of duty. Evidence of a doctor-patient relationship and evidence that they failed to meet the standard of care satisfy both.
The third, and most challenging, is Causation, which requires proving that the negligence caused your condition to worsen and that, with proper care, there would have been a better outcome. The last element is damages, and the claim must prove that you sustained actual harm and damages because of the malpractice. This includes evidence of your:
- Worsening condition
- Additional medical bills
- Lost wages
- Insurance
- Other losses you suffered
Our seasoned delayed diagnosis lawyer in Columbia could help gather all the crucial evidence needed to satisfy each component.
Speak to a Knowledgeable Delayed Diagnosis Attorney in Columbia
You must hold them accountable if the carelessness or recklessness of a medical provider caused you harm. The cases are challenging, requiring that you overcome more obstacles than other personal injury claims, and Whetstone Perkins & Fulda could support and guide you each step of the way.
Contact our compassionate Columbia delayed diagnosis lawyer to schedule a consultation and learn more.
