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Failure to diagnose ailment may lead to serious injuries

Residents of Maryland know that doctors have to go through years of medical training in order to earn their degrees and obtain a license to practice medicine. Doctors are human beings though, and occasionally make mistakes which could lead to a catastrophic or fatal injury or illness. Thus, such failures to diagnose ailments or erroneous diagnosis of prevailing diseases have become the subject matter of various legal proceedings.

Medical practitioners can be held liable in a court of law if their failure to diagnose any ailment has caused grave injuries to a patient. Such failure to diagnose ailments might include cases where the medical practitioner has delayed the medical procedure needed to be administered beyond an accepted reasonable amount of time in such situations. Each case would be determined by the court depending on the merits and evidence presented by each side as well as their legal representation.

The test for a failure to diagnose may be decided on the central question of what would be the usual prescription in a similar case by another medical practitioner executing prudent and rational decision-making skills. The patent causes of the illness, as well as symptoms disclosed by the patient, may be looked into for the usual prognosis in such cases to determine whether the actions of the medical practitioner could be construed as medical malpractice.

Proving such cases of failure to diagnose ailment resulting in a medical malpractice is more often than not a difficult task as every error made by a doctor does not call forth a penalty under the medical negligence law. Many patients consult professional legal help in order to represent their case and evidence in court.

Source: Findlaw, "Failed/Erroneous diagnosis and treatment," accessed on April 24, 2015

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