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Among many other things, medical professionals are expected to know when a patient’s symptoms signal that more advanced testing should be done to identify or rule out specific medical conditions. A doctor who fails to order the correct tests at the appropriate time may allow an otherwise treatable problem to get unnecessarily worse, potentially resulting in their patient suffering serious—and ultimately preventable—physical harm.
However, unlike more obvious forms of misconduct like surgical errors, a failure to diagnose or test a patient properly can be a very subjective thing to build a malpractice claim around, which means it can be very hard to successfully sue over this type of misconduct without a skilled medical malpractice attorney’s help. By working with a seasoned Philadelphia inadequate testing malpractice lawyer from Lowenthal & Abrams, you can maximize your chances of obtaining the compensation you need for the harm you did not deserve to experience.
When Does a Failure to Order Testing Constitute Medical Malpractice?
The legal concept at the core of virtually every medical malpractice lawsuit is the standard of care, which refers to the diligence and skill doctors are expected to display while caring for patients. In general, a medical professional violates the standard of care if they do something that no other equally qualified and experienced professional would have done under the same circumstances, and if that error directly leads to a patient suffering serious physical harm.
Under this definition, doctors may have some legal leeway for minor mistakes like failing to order the correct test for a patient if they do not have enough information to be sure that the test would be useful, or if they are working in an extremely stressful environment, such as a crowded emergency room. During a private initial consultation, a Philadelphia inadequate testing malpractice attorney can review the circumstances leading up to a particular injury and offer guidance about whether a lawsuit may be possible.
Unique Rules for Malpractice Claims in Philadelphia
Legal counsel can also provide invaluable help when it comes to complying with all the restrictions that state law places exclusively on malpractice lawsuits against medical professionals. Most notably, these restrictions include a “certificate of merit” requirement, which may prohibit an injured person from filing suit for malpractice until they have at least one “appropriate licensed professional” supporting their claim.
As an inadequate testing malpractice lawyer in Philadelphia can further explain, this support must be in the form of a written affidavit signed under oath by the professional(s) in question, which must affirm that the professional(s) have reviewed the injured party’s evidence and believe there is “reasonable probability” that malpractice occurred. The professional must be someone with education, experience, and skills specifically in the same field of medicine as the doctor(s) who allegedly engaged in malpractice, and the affidavit must be submitted either alongside the injured party’s initial complaint filed in court or no more than 60 days after that filing.
Contact a Philadelphia Inadequate Testing Malpractice Attorney for Assistance
Thanks to various advancements in medical science and technology over the years, modern physicians have access to a wide variety of tests designed to help diagnose hundreds of unique medical problems. Unfortunately, those tests are only useful if they are conducted properly and ordered at the appropriate times, both of which come down to individual physicians being responsible on the job.
If your doctor allowed you to be harmed directly because they did not order enough testing at an early stage of your illness, a Philadelphia inadequate testing malpractice lawyer can help you explore your options for civil litigation. Call Lowenthal & Abrams today to learn more.
