Misdiagnosis & Medical Malpractice
San Antonio Medical Malpractice Lawyer
Doctors and medical professionals may not be able to effectively identify
and treat all ailments and disorders, but they are expected to treat patients
in accordance to accepted medical standards. As such, they can be held
accountable when their substandard care leads to
injuries or illnesses that could otherwise have been prevented. This includes injuries
resulting from substandard care during diagnostic phases of a patient’s
Medical misdiagnoses are more common than most believe, and they can have
devastating consequences for victims and their loved ones. When medical
professionals fail to accurately diagnose a patient’s condition,
the patient is not only at risk of not receiving the treatment they need,
but also of receiving inappropriate treatments that can cause them further harm.
Tom Rhodes Law Firm P.C., our San Antonio medical malpractice lawyers utilize extensive experience,
relationships with medical experts, and extensive resources to advocate
on behalf of victims who suffered preventable harm as a result of a misdiagnosis.
Because these cases are challenging and vary depending on the individual
facts and circumstances involved, we strongly encourage victims who believe
they have a potential case to contact us and request a free consultation
as soon as possible.
Why Tom Rhodes Law Firm P.C.?
- Over 100 Years of Combined Experience
- Award-Winning Lawyers
- Led By a Board Certified Personal Injury Trial Law Specialist
- No Fees Unless We Win
Our legal team has cultivated a reputation for handling challenging cases,
including complex medical malpractice and hospital negligence cases. Our
case results speak for themselves.
What Constitutes a Medical Misdiagnosis Case?
A mistake in misdiagnosing a patient’s injury in and of itself is
not always a clear indication that a patient has a valid medical malpractice
claim. This is because there are a number of factors involved in proving
medical negligence, and many circumstances involved in assessing the level
of care a medical professional provided when diagnosing and treating a
patient. For example, there are conditions that are difficult to diagnose
under current medical standards, as well as different duties of care when
diagnosing a patient in emergency situations. Still, there are some general
elements of a medical misdiagnosis case that will always need to be established:
A duty of care existed – Victims must prove that there was a duty of care present in their
case. This means establishing a verifiable doctor-patient relationship,
as doctors have a duty to treat their patients in accordance to accepted
The duty was breached – Proving that a medical professional failed in some way to uphold
their duty of care varies from case to case. However, it typically involves
proving that they were negligent or, more accurately, that they did not
provide the type of care a reasonably skillful doctor would have provided
in a similar situation. If, for example, a reasonable doctor would have
been able to arrive at an accurate diagnosis based on available data,
testing results, and symptoms when the doctor in your case did not, it
may amount to negligence. This is because they failed to meet standards
of their profession and diagnose a condition they could and should have
diagnosed accurately. Other examples of negligence may include doctors
who order the wrong types of diagnostic tests, technicians who perform
tests incorrectly or mix up documentation, and more.
Negligence caused damages – Victims must have suffered damages in order to have a viable medical
malpractice case. This means that a misdiagnosis that could and should
have been avoided led to a patient not receiving the treatment they needed,
or receiving inappropriate treatment, and injuries or worsening of their
condition as a result. Proving how exactly a misdiagnosis led to injuries
will vary from case to case.
Proving malpractice in the case of a misdiagnosis is not an easy feat,
but it can be effectively done through meticulous investigation and attentive
evaluation by proven lawyers who know what to look for. In these cases,
our team commonly works with medical experts who can provide their opinion
and testimony as to the nature of medical mistakes, how they amounted
to substandard care, and how they caused patients to suffer harm as a
result. We also leverage more than a century of collective experience
to illustrate these points as they relate to the law and required elements
of a successful lawsuit.
Learn More About Pursuing a Medical Malpractice Case
Because time affords the opportunity to conduct detailed investigations
and document negligence in complex medical scenarios, we advise victims
who suspect their harm resulted from a misdiagnosis to reach out for help
as soon as possible. At Tom Rhodes Law Firm P.C., we provide
free consultations, and charge patients no fees unless and until we are successful in resolving
their cases. Learn more about your rights by
contacting us today.