Proving Medical Malpractice Based on Diagnostic Errors
The law does not hold doctors legally responsible for all diagnostic errors. Instead, patients usually must prove three things in order to prevail in a medical malpractice lawsuit based on a wrong diagnosis:
A doctor-patient relationship existed.
The doctor was negligent -- that is, did not provide treatment in a reasonably skillful and competent manner.
The doctor's negligence caused actual injury to the patient.
Most medical malpractice cases hinge on either the second or third element (or both) -- was the doctor negligent and did that negligence harm the patient?
1. ER dr saw mom and had all the records. Mom was healthy prior, no issues besides a murmur she was born with.
2. Motrin does dot fix the flu especially if you one has A and B. Greenville drs from ICU would testify against New Bern ER doc. No tamiflu prescribed nor any other treatment besides Motrin. (Anybody can take Tylenol/asprin but tamiflu is prescribed)
3. Without x raying or running further test, mom went from early caught flu to both pneumonia that now developed 3rd stage ARDS and now pulmonary fibrosis is setting in. Due this negligence, mom will live at most 5 years in poor quality will my dad ends bankrupt.
I just proved how not properly treating mom has lead to a snowball effect due to incompetence which lead to where we are now. Dad was not given a course of action, he does not have a M.D. at the end of his name, and the hippocratic oath has been tarnished.
I am in the settle or I will find out how he will lose his license. I will file a complaint with the hospital and board. Publish in the newspaper about his care and online. My mom will never be the same.