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What Constitutes a Failure to Diagnose Claim
Failure to diagnose occurs when a doctor or other healthcare provider does not identify a medical condition within a reasonable time frame even though they have all of the information and diagnostic tools they need to make an accurate diagnosis.
If this failure causes the patient’s condition to worsen, the patient can file a medical malpractice claim against the negligent healthcare provider.
The following acts form the foundation for many failures to diagnose malpractice claims.
Failing to Order Appropriate Tests
When a patient consults a doctor, the doctor can order diagnostic tests that will help determine the cause of the patient’s symptoms.
These tests might include:
- Blood tests
- Urine tests
- Imaging (X-rays, MRIs, CT scans)
- Biopsies
If a doctor’s failure to order appropriate tests leads to a delayed or missed diagnosis, they could be liable for any harm the patient suffers.
Misinterpreting Test Results
Doctors are expected to read and interpret the results of diagnostic tests according to established standards of care. A doctor who fails to meet these standards might make an incorrect diagnosis or miss the signs of a serious condition, leading to a delay in treatment.
Overlooking or Dismissing Critical Symptoms
Sometimes a doctor fails to take a patient's symptoms seriously. They may dismiss the patient’s concerns or attribute the cause of their symptoms to a less serious condition. This oversight can lead to a delay in the diagnosis of a serious condition and have a negative impact on the patient.
Failing to Refer the Patient to a Specialist
When a doctor lacks the expertise to diagnose or treat a particular condition, they have a duty to refer the patient to a specialist. Failing to do so can constitute negligence if it results in a delayed or missed diagnosis.
Failing to Follow Up on Test Results or Referrals
A doctor may fail to follow up on abnormal test results or referrals to specialists, leading to a delay in diagnosis and treatment.
Examples of Failure to Diagnose Cases
Some medical conditions are, unfortunately, more frequently missed or diagnosed too late. When that happens, the patient could suffer lifelong repercussions due to the healthcare provider’s negligence.
Cancer
Early detection and diagnosis are crucial to improving outcomes of patients with breast cancer, colon cancer, lymphoma, melanoma, and other cancers. A delayed diagnosis can provide time for the cancer to spread, making treatment more difficult and potentially reducing the patient’s chances of survival.
Heart Attack and Stroke
Every minute counts during medical emergencies. A failure to recognize the symptoms of a heart attack or stroke and initiate treatment can lead to irreversible damage, long-term disability, and even death.
Infections
Untreated infections can quickly become life-threatening. A delay in diagnosis and treatment can allow the infection to spread throughout the body, leading to sepsis, organ failure, and other severe complications.
Surgical Complications
Following surgery, patients are at risk for complications such as internal bleeding, infection, and deep vein thrombosis. Failing to promptly recognize and address these issues can have severe consequences.
Fractures and Other Injuries
A missed fracture or other musculoskeletal injury can lead to improper healing, chronic pain, limited mobility, and long-term disability.
What We Seek Compensation For
A failure to diagnose or a delayed diagnosis can cause significant financial burdens and emotional distress. If you have been affected by medical negligence, you may be entitled to compensation for:
- Medical expenses: Hospitalization, surgery, doctor's visits, specialist consultations, medication, physical therapy, and ongoing medical care.
- Lost wages: Income you have lost due to the delay in diagnosis and treatment.
- Lost earning capacity: Income that you can no longer earn because of a worsened health condition.
- Pain and suffering: The physical pain and emotional distress you have experienced due to the worsening of your condition.
If a medical provider’s failure to diagnose led to the death of a loved one, we can help your family pursue a wrongful death claim. In this claim, we will seek damages for medical expenses, funeral costs, loss of income, loss of companionship, and other losses.
Proof We Can Handle Your Case: Our Results
A Jefferson County jury has awarded $5 million in punitive damages to a Florida woman for the wrongful death of her husband, and against two Birmingham physicians and the University of Alabama Health Services Foundation.
After awarding a Wakefield family $1.55 million in compensatory damages, the jury voted to order Pfizer to pay $10 million in punitive damages over Warner-Lambert’s handling of Rezulin.
LIBERTY, Mo. — a Clay County Circuit Court jury was about to award $26.2 million to the plaintiffs in a Rezulin trial when the parties settled for an undisclosed amount Dec. 27 (Shirley Griggs, et al. v. Warner-Lambert Company, No. CV100 3957 CC, Mo. Cir., Clay Co.; See December 2001, Page 6).
