You go to the doctor because you are not feeling well. You know something is wrong, but you are not sure what it is. You expect that your doctor will get to the bottom of things and accurately diagnose you. So, when your doctor instead tells you there is nothing wrong and sends you home, it is frustrating. However, if your doctor was wrong and failed to diagnosis the actual health condition you have, and that leads to more serious issues for you, then you may have a medical malpractice case in Indiana.
Not liking a diagnosis or being unhappy with your doctor, in general, is not grounds for malpractice. Before you make a claim for failure to diagnose, you need to understand the elements the law requires for malpractice.
The American Board of Professional Liability Attorneys explains there are three main elements for medical malpractice. You must have an injury from the incident in question. This means you suffered in some way because the doctor did not properly diagnose your medical condition. In addition, that injury must be significant in that it has a severe impact on your life.
The final element is about what your doctor did and did not do. You have to prove he or she did not follow the standard of care. This is what most doctors would do in the same situation. For example, if you were complaining about a cough and chest pain, most doctors may have you get an X-ray. If your doctor failed to do this, that would be an issue with the standard of care.
If you can prove these three elements exist in your situation, then you may have a solid medical malpractice case. This information is for education and is not legal advice.