What are my rights if my doctor misdiagnosed my condition?
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What are my rights if my doctor misdiagnosed my condition?
Asked on August 2, 2015 under Malpractice Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You give no specifics of your case. However, to prove medical malpractice, 2 things must be shown: (1) that due a doctor's (or certain other medical professional's) negligence (2) their patient suffered harm. Whether or not an injury was suffered is easier to prove and fairly straighforward. However, proving negligence is more difficult becasue it's not laways quite as clear.
When it comes to the issue of negligence in a medical malpractice claime centers on whether or not the doctor breached the applicable "medical standard of care". This means that inder the same circumstances, would a doctor with similar training in the same medical community have identified the problem and/or offered the same treatment? Without more info, it's hard to advise further. You should speak with a local personal injury attorney; such a consultation is typically free.
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