Curious about the concept of “Failure to Diagnose”? This legal term pertains to a specific form of medical malpractice wherein a physician falls short in identifying the nature of a medical condition. It’s a more common occurrence than you might think, transpiring millions of times annually. While the consequences may be inconsequential in certain instances, they can be calamitous in others.
Failure to diagnose, misdiagnosis, and delayed diagnosis are three common types of medical malpractice. Should the doctor or medical professionals fail to diagnose a patient for whom they owe a duty of care, it leads to injury or death.
Most Common Reasons for Failure to Diagnose
Not everyone’s case falls into the category of failure to diagnose and has grounds for a lawsuit. Some of the situations that are grounds for failure to diagnose include the following:
- A medical provider or doctor conducts a patient’s test incorrectly
- A medical provider or doctor fails to realize the urgency or seriousness of their patient’s condition
- A medical provider or doctor doesn’t test for a possible medical condition of their patient
- A medical provider or doctor misinterprets their patient’s test results
- A medical provider or doctor misses an opportunity to screen for a particular medical condition
- A medical provider or doctor fails to look into possible causes of their patient’s reported symptoms
- A medical provider or doctor fails to consult with their patient about their symptoms
- A medical provider fails to follow up with their patient
- A medical provider or doctor fails to refer their patient to a specialist who could help them
If you or someone you love has found themselves in any of these situations, contacting a medical malpractice attorney to find out if you have a viable medical malpractice claim is essential.
Most Commonly Misdiagnosed Medical Conditions
Unfortunately, missed diagnoses of medical conditions happens. Certain medical conditions are commonly diagnosed that may warrant legal action and be viable for filing a lawsuit, including the following:
- Congenital disabilities and fetal distress
- Asthma
- Breast, lung, esophageal, and colon cancer
- Cauda equina
- Cardiac conditions, including heart attacks
- Infections and sepsis
- Fractures
- Lymph node inflammation
- Melanoma
- Meningitis
- Osteoporosis
- Scoliosis
- Stroke
- Staph infection
- Hospital-acquired infections
When a doctor or medical professional fails to diagnose, misdiagnose, or delays diagnosis, it can lead to death or severe illness.
What Should You Do if You Think You Have Been Misdiagnosed in New York?
Unfortunately, medical malpractice lawsuits involving failure to diagnose, misdiagnosis, or delayed diagnosis as C occur too often. This results in medical conditions worsening and avoidable deaths.
Suppose you think you had a medical professional or doctor who failed to diagnose, delayed diagnosis, or misdiagnosed your condition; it is crucial to consult with a medical practice attorney to determine if you have a viable case and know the medical malpractice laws in New York.
Proving a Failure to Diagnose or Misdiagnosis Claim
The three essential components to proving failure to diagnose or misdiagnosis are the following:
- Prove there was a doctor-patient relationship.
- Prove there was medical negligence and that the medical professional or doctor didn’t provide adequate or appropriate treatment.
- Prove that you or your loved one suffered an injury because of a doctor or medical professional’s negligence.
Proving medical malpractice requires more than establishing misdiagnosis or failure to diagnose. A malpractice lawyer must show that other doctors or medical professionals in similar medical fields and under similar conditions would have accurately diagnosed the medical condition or illness.
Your attorney must also prove that the medical professional or doctor’s failure caused injury or worsened the medical condition to the point that it negatively impacted the health and well-being of the patient.
Steps in a Failure to Diagnose Malpractice Lawsuit
When you consult with a medical malpractice attorney, and they determine you have a viable case for a failure to diagnose medical malpractice lawsuit, the following steps will be taken:
- The Discovery Phase. During this phase, the defendant and the injured party (plaintiff) will gather and request information and evidence related to the case.
- Expert Witnesses Will Testify. During this phase, your attorney will call impartial expert medical witnesses to testify. These medical experts can testify for both sides to help determine standard medical care and whether or not that standard of care was breached by the doctor or medical professional.
- Failure to Diagnose Settlement. Failure to diagnose lawsuits have no guaranteed outcome. They could end with a verdict, or the defendant and plaintiff can negotiate a settlement. Should be evidence and expert testimony to prove a breach of medical care. When this happens, the defendant will try to settle the lawsuit out of court through the attorneys to negotiate compensation for the victim.
Settlements for Failure to Diagnose Lawsuits
Failure to diagnose medical malpractice lawsuits requires significant money, time, and resources, and most are usually settled outside of the courtroom. With a lawsuit settlement, victims and their attorneys will receive financial compensation from the doctor, medical professional, and/or hospital.
Medical malpractice lawsuit settlements amounts vary due to their unique circumstances, including the following:
- Cost of any ongoing or necessary future medical treatment
- Severity of negligence
- The extent of the victim’s injuries
- The victim’s ability to work and care for themselves
- Lost wages
- The victim’s pain and suffering
- The state medical malpractice damage caps
Many states limit the compensation amount a victim of failure to diagnose malpractice lawsuits can be awarded or received in a settlement. Hiring an experienced medical malpractice attorney ensures that you or your loved ones are fairly compensated.
Believe You Have a Failure to Diagnose Case? Contact Attorney Steve Newman
Attorney Steve Newman is licensed to practice law in state and federal courts in New Jersey and New York and has represented clients in all 50 states for over three decades. Steve Newman is dedicated and prepared to represent you in winning your case and getting your deserved settlement.
Attorney Steve Newman practices law in medical malpractice, personal injury, construction litigation, and more and has an extensive network of board-certified physicians to determine whether medical malpractice occurred.
Contact the Law Offices of Steve Newman today for an attorney committed to you and your claim.
