Most common questions used to investigate
Did the doctor thoroughly review
Did the doctor inform you of the possible alternate diagnosis?
Was harm inflicted on your person in any way?
Was unnecessary procedures done to you and your person?
Common conclusions
You may sue the doctor if he failed to comply with the applicable "medical standard of care" under the circumstances. The medical standard of care is that level of care that would have been done by other doctors of the same field. To prove negligence, you need only prove that doctors of the same expertise would not commit such a mistake.
It is not required of the doctor to inform you of possible alternate diagnosis especially if the clock is ticking. The requirement is for the doctor to inform you of alternate courses of action and their effects so that you can make an informed decision.
You may sue the doctor. Whenever harm is inflicted on the patient, it is already assumed that there is negligence on the part of the doctor. For example, if you went to the doctor for an ear infection but instead of getting treated you get more infected on other parts of your body, there is a cause of action for negligence.
You may sue the doctor for the false diagnoses. If more aggressive treatment was applied because of the false diagnosis, the patient can assume negligence on the part of the doctor.
There is no medical malpractice if the doctor was able to cure the patient without doing any unnecessary procedure.
References
Related Problems
