You seek help from a healthcare provider, expecting to receive the right diagnosis and effective treatment. Unfortunately, that may not always be the case. For example, a misdiagnosis can worsen your condition or cause new injury, leaving you frustrated and angry. In situations like this, it is vital to understand how North Dakota law generally treats medical malpractice cases.
Mistake vs. malpractice
A misdiagnosis doesn’t automatically make a health care provider liable. Sometimes a doctor might follow the procedure accurately and still make incorrect diagnoses due to an honest and reasonable mistake.
When does a misdiagnosis become medical malpractice?
While North Dakota law recognizes that non-negligent medical errors can occur, it still expects a healthcare provider to meet a “standard of care.” This means they must act with the same skill and caution as any competent healthcare provider in a similar situation would.
If a provider falls below this standard while diagnosing you and that failure causes physical, emotional or financial harm to you, you may have a medical malpractice case. Please note that there should be direct evidence that links your worsened condition or new injury to diagnostic error.
The legal road ahead
In medical malpractice cases, the onus usually rests on you to prove that the healthcare provider has indeed committed medical malpractice. To do that, you must provide a medical expert affidavit supporting your claim. A lawyer can help you through this process.
However, before you file for a healthcare malpractice claim, the court usually expects you and the healthcare provider to make a good-faith effort to settle the issue without reaching court. The court calls it Alternative Dispute Resolution (ADR), which can be negotiation, mediation, or arbitration. Failure to follow this first step may result in a penalty from the court.
How a medical malpractice attorney can help you here
Be it ADR or court-based settlements, there are a lot of things that can go wrong. Furthermore, medical malpractice claims involving misdiagnosis often depend on detailed medical records and expert testimony. Having an experienced medical malpractice attorney by your side might prove to be a strategic edge.