Duty to Diagnose

Can I File a Lawsuit for an Incorrect Diagnosis?

California Malpractice Attorney | California Professional Negligence Attorneys

The first and essential duty of the healer is to find out what is wrong, that is, to diagnose, since the physician is consulted for the alleviation or cure of a disorder afflicting the patient.

An incorrect diagnosis in and of itself will not, in all occasions, support a verdict in a malpractice suit. But the physician must use ordinary care in reaching his/her diagnosis.

The law in each state varies with respect to the duties of physicians. However, liability may arise where a physician or surgeon fails to use due diligence in ascertaining all available facts and collecting data essential to a proper diagnosis. The physician must use such diligence, (in availing himself of various methods of diagnosis) as are practiced by physicians and surgeons with like skill and learning in the community. His/her failure to properly so act, may cause constitute negligence.

If your doctor failed to diagnose your condition in a timely or reasonable manner, you may be able to seek compensation through a medical malpractice claim. Learn more about your rights by speaking with a San Francisco personal injury attorney at Scarlett Law Group.

Call our office today at (415) 688-2176 for a free, no-risk consultation.

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