Failure To Diagnose Lawyers

Medical Malpractice Law

When patients go to a doctor, they trust these highly trained professionals will be able to assess symptoms, order appropriate tests, and make an accurate diagnosis before recommending a treatment plan. Unfortunately, everyone makes mistakes. When there is a failure to diagnose a medical condition, the mistake can be catastrophic. In some cases, the failure to diagnose is the basis for a medical malpractice lawsuit.

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Diagnostic errors account for the largest percentage of medical malpractice in the US.

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Each year in the United States, 80,000 to 160,000 people suffer significant permanent injury or death.

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PROVING MEDICAL MALPRACTICE

To prove a doctor negligently breached the standard of care, a failure to diagnose lawyer will often use expert testimony. An expert, such as a similarly trained doctor, can testify the physician failed to act in a way that would be reasonably expected, given the patient’s symptoms and medical state. The expert witness may provide a differential diagnosis. Some of the specific errors that may be made in a failure to diagnose case could include the following:

The doctor might have been negligent in developing the differential diagnosis, meaning one or more possible diagnoses might not have been considered.
The doctor might have failed to order a necessary test.
The doctor may have failed to properly interpret the results of a medical test.
The doctor should have referred the patient to a specialist, but failed to do so.

Additional Defendants Involved in Failure to Diagnose Claims

In some cases, a failure to diagnose is the result of the negligence of other medical professionals. For example, a lab technician may have mixed up a sample, used an improper procedure, or provided improper test results. A lawyer will consider all the possibilities before naming the defendants in a medical malpractice lawsuit.

It’s also possible the diagnostic equipment itself was malfunctioning. In this case, the manufacturer of the medical equipment could be held liable for design or manufacturing defects. When you or your loved one’s life has been severely impacted or died due to a medical error, it’s important to speak with an experienced malpractice attorney who can evaluate any potential contributing factors.

Common Elements Considered in a Failure to Diagnose Lawsuit?

There must be a doctor-patient relationship whereby the physician owed a duty of care. Asking a friend who is a doctor about a symptom is not grounds for an established duty of care.

It must be proven that the duty of care established was in some way breached. Before filing a lawsuit, we will consider whether the physician acted or failed to act in a way that a similarly trained physician could reasonably be expected to act. This is known as the standard of care. A breach in the standard of care could form the basis for a failure to diagnose lawsuit.

In order to file a lawsuit, you must be able to prove that the failure to diagnose a condition resulted in harm to you. For example, if your doctor failed to diagnose sepsis and that resulted in the amputation of a toe or foot, then you have clearly suffered grievous harm, and you could possibly have the basis to file a lawsuit.

The harm caused must be a direct result of the physician’s negligence. In order to file a lawsuit, you must be able to prove that the failure to diagnose a condition resulted in harm to you.

For more than sixty years, the legal team at Rutter Mills has been fighting for the rights of victims of medical malpractice. If you have suffered harm as a result of a delayed diagnosis, misdiagnosis, or other medical mistake, please get in touch with us right away to discuss your case. Consultations are free, and there are never upfront fees or retainers. Call or text us to request an appointment with a medical malpractice attorney.

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