When most people experience pain or other medically significant symptoms, they go to the doctor to find out what is wrong. They trust that the doctor will evaluate their symptoms, perform any necessary exams and tests, and determine a diagnosis. Once the patient receives a diagnosis, treatment can begin. However, this is not always what happens. Some people go to the doctor and do not receive a diagnosis in a timely manner. What happens if a doctor fails to diagnose a condition or takes too long to diagnose the condition and the patient gets worse? Is delayed diagnosis considered medical malpractice?
Understanding the Four Elements of Medical Malpractice
Although terms like “medical negligence” or “substandard medical care” are sometimes used as if they are synonymous with “medical malpractice,” medical malpractice involves more than poor medical care. A patient, or the surviving family of a deceased patient, has a valid medical malpractice claim when four elements are present:
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Duty – The doctor, specialist, or other medical provider owed a “duty of care” to the patient. This criterion is met by the formation of a doctor-patient relationship.
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