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Missing a diagnosis can be medical malpractice

Any patient might experience a poor outcome after being treated by doctors, such as developing a condition neither you nor your doctor knew you had. Some doctors certainly do overlook diagnoses they should have made or make them too late.

Generally, unhappy medical experiences are not grounds for malpractice suits. Below are some hints on when you might treat your medical issue as a legal issue.

Standard of care for diagnosing your medical issue

One crucial test of whether your difficulties can result in a successful malpractice suit is whether you can show that your doctor fell short of the "standard of care." This is true if you think the doctor botched an operation or failed to diagnose a condition early enough.

A standard of diagnostic care would usually mean recommending and performing diagnostic procedures and tests and interpreting the results in a way and with a timeliness you would expect.

What would you "expect"? Diagnostic care similar to that other reasonably competent and skilled doctors with similar backgrounds in the same medical community would have provided under similar circumstances. standard to define, never mind proving in court that it wasn't met.

Diagnostic medicine and malpractice law are both among the more complex fields a professional can practice, so if you think your doctor has botch your diagnosis, it's best to talk to an attorney skilled in the area.

Your deadline for deciding is fixed, but how firmly?

Georgia's statute of limitations ordinarily requires you to file a medical malpractice lawsuit within two years after the incident that caused your injury. When an error during the delivery of a baby causes harm, for example, the suit has to be filed before the baby's second birthday.

But certain medical errors are not obvious until long after they're made. The classic example is a foreign object left in a surgery patient. In such cases, the two-year statute of limitations is extended, and the clock start ticking up to two years once the error is discovered.

Failure to diagnose a condition that may take years to discover, such as a cancer, can be comparable the foreign object exception and may follow the same statute of limitations approach.

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