Behind the Scenes: The Investigation Process With a Misdiagnosis Attorney

BIKLaw Medical Malpractice Lawyer > Medical Malpractice > Behind the Scenes: The Investigation Process With a Misdiagnosis Attorney

When you hire a California medical misdiagnosis attorney to represent you, you can expect this attorney to take over the preparation, filing, and presentation of your claim. While this allows you to focus on recovering, it can also feel concerning when you don’t know what’s happening behind the scenes.

A key part of a medical misdiagnosis claim is investigating the details surrounding your injuries in order to build your case. Take a closer look at what is involved in this critical process.

How Your Misdiagnosis Attorney Strengthens Your Case

A skilled misdiagnosis attorney will constantly seek ways to gather evidence and expert opinions that strengthen your legal claim. Having your misdiagnosis claim backed up by as much persuasive evidence and supported by as many credible witnesses as possible has two primary benefits.

First, it increases your likelihood of succeeding with your case at trial. Second, a well-supported case is more likely to settle on favorable terms before trial.

When your misdiagnosis attorney gets to work on your case, some of the tasks they will take on include the following:

Obtaining Your Previous Medical Records

Your attorney must have a clear picture of how your misdiagnosis occurred and how it has impacted you. Your lawyer must understand your medical history as detailed in your complete medical file.

Without your medical records, your attorney and any fact-finder may have trouble establishing when your misdiagnosis occurred, why it occurred, who was involved, or how it has impacted you.

Your medical records are the primary source from which your attorney and others will gain an understanding of what happened in your situation. Receiving and reviewing them takes time, especially if you have been struggling with your condition for a long time or have seen your doctor on multiple occasions for the same issues.

Consulting With Medical Experts

Being misdiagnosed alone is insufficient to win a medical malpractice case, no matter how compromised your health is and no matter what financial burdens the misdiagnosis has imposed on you.

This is because your medical professional is only liable if no other reasonable medical professional with the same skill level and presented with the same facts would have made the misdiagnosis.

To determine whether the facts of your case support this, your medical misdiagnosis attorney will likely need to speak with other medical professionals about your case. These experts, who are usually specialists in a given medical discipline (such as general surgery, gastroenterology, neurology, etc.), have extensive knowledge of medicine and the best practices for delivering healthcare to patients.

In a misdiagnosis case, these experts form their opinions based on a review of your medical records. They will look to see what information your doctor had available to them when they made their misdiagnosis.

The expert can then opine whether the misdiagnosis resulted from negligence and deficient care or whether the mistake was a reasonable error.

Speaking With Witnesses Who Have Knowledge of Your Misdiagnosis

Your treating doctors are just one part of your treatment team. There may have been nurses, radiologists, and other professionals who played a role in your doctor’s misdiagnosis. Even if they did not contribute to your misdiagnosis, they could possess knowledge of the events that took place before and after your doctor’s misdiagnosis.

Your misdiagnosis attorney will do more than simply seek to identify the various members of your treatment team and speak to them. There may be communications between these various team members relevant to your case. Your lawyer can act to preserve these communications and any helpful information they might contain.

Investigating Your Doctor’s Experience and History

Any medical malpractice case is fact-specific, and a misdiagnosis claim is no different. One of the most important facts that can impact the outcome of your claim is your doctor’s skill and experience.

Your doctor will only be held responsible for a misdiagnosis if a court finds they failed to exercise the care and judgment that could reasonably be expected from a doctor with similar skills and experience.

Taking Depositions

Part of any medical misdiagnosis case is the taking of depositions. A deposition is a sworn statement by an individual, under oath, about a particular event, patient, or circumstance. These depositions help to paint a complete picture of the care received by a patient and often provide invaluable evidence that can be used at trial if the case cannot be settled.

Contact Your California Medical Misdiagnosis Attorney Now

If you suspect your doctor misdiagnosed your condition, you must take action immediately. By speaking with an attorney sooner rather than later, you allow your attorney more time to collect the evidence necessary to support and prosecute your case effectively.

When you turn to the experienced team at The Trial Law Offices of Bradley I. Kramer, M.D., Esq., you can benefit from having an attorney with knowledge of both the medical field and legal system on your side. We represent clients in California and throughout the United States. Contact us today to schedule a free case evaluation.

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