Duty to Diagnose
Can I File a Lawsuit for an Incorrect Diagnosis?
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.