Filing A Failure To Diagnose Lawsuit
Your chances of recovering from an illness, injury, or disease, largely hinges on a doctor's ability to make a correct and timely diagnosis. A misdiagnosis could easily put your health in jeopardy and lead to permanent damage or even death.
The law offers protection for victims of failed diagnosis, allowing harmed individuals to seek compensation for their injuries by filing a medical malpractice suit. Here is a look at what comprises a failed diagnosis and the various aspects in successfully filing such a case in court.
What is a failed diagnosis?
Mistakes while diagnosing a medical condition by medical practitioners are very common. A failed diagnosis usually refers to the failure of a medical expert to uphold the required standard of care while identifying a medical condition, leading to a misdiagnosis.
There are various aspects that can lead a failed diagnosis, including ignorance of potential or obvious indicators of a problem, improper performance of screening tests/physical exams, or failure to order appropriate test when indicated.
Medical practitioners can also be accused of a failed diagnosis if they fail to act on a patient's complaints, delay referral of a patient to a specialist or misinterpret test results.
The consequences of a failed diagnosis may include delayed treatment, administration of the wrong medication, medical complications, unnecessary surgery, or the need for more expensive treatment later on.
If you have suffered any consequences due to a mistake by your physician in diagnosing your medical condition, you may be able to file a medical malpractice lawsuit to get compensation for your injury, medical expenses, and suffering.
What you need to prove in a failure to diagnose case
Unfortunately, medical diagnosis is not an exact science, so proving negligence in the process can be daunting. Typically, you need to prove that your treating doctor acted carelessly while diagnosing your condition, which directly led to the worsening or delayed treatment of your condition.
With the help of a personal injury lawyer, you can prove that a doctor in the same or similar specialty would not have arrived at the same diagnosis your doctor did. This is usually done by cross-examining expert witnesses and scrutinizing the tests your doctor ordered as well as examining the diagnosis list the doctor made during the treatment period.
Proving a failed diagnosis case could be tricky, as it typically requires that you be free of fault. Providing your doctor with inaccurate information about your condition and symptoms, failure to see the right specialist, or suffering harm that would have occurred even if your condition had been correctly diagnosed and promptly treated could all lead to a dismissal.
Personal injury lawyers usually have vast experienced in failure to diagnose cases and can help you prove negligence or medical incompetence in your diagnosis.