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How To Prove a Delayed Diagnosis in Court

How To Prove a Delayed Diagnosis in Court

Medical malpractice comes in all forms, so you need specific evidence to show how your particular situation fits the bill. Here is how to prove a delayed diagnosis in court.

Prove the Basics

Every medical malpractice case begins with foundational pieces of evidence. First, you must establish the existence of a doctor-patient relationship. Then, you need to prove that the medical care your doctor provided was inadequate and negligent. The next logical step is to demonstrate that this negligence caused your injury in explicit and verifiable ways. Delayed diagnosis cases must begin with a solid base of evidence, or else your claim will go nowhere.

Furnish an Expert Witness

To prove negligence, you need a trained medical professional to serve as your expert witness. Since lawyers, judges, and juries are not doctors, you need a reputable professional with extensive knowledge in the medical field to advocate for your interpretation of events. An expert witness will describe how a competent and attentive physician would meet the standard of care in your case. The expert witness should discuss how the medical proceedings deviated from course and why the care was substandard and harmful.

Dig Into the Diagnosis

Since your case will center on the diagnosis, you must dig deep into how the medical professional made their decisions. You will need their complete recounting of events and a description of how they went about their duties. In delayed diagnosis and misdiagnosis cases, there are often instances where the diagnostic or testing equipment malfunctioned, or the physician misinterpreted the data. Though this removes a certain level of intent behind the delayed diagnosis, the time gap still caused you harm. Details such as these will shape how your case plays out, so be ready for any scenario.

Knowing how to prove a delayed diagnosis in court can help you better locate and communicate with a lawyer. If you need legal counsel, reach out to our medical malpractice lawyers in Boise, Idaho. Request a free consultation with a legal professional at Rossman Law Group today.