Misdiagnosis or Failure to Diagnose Claims Lawyer
In almost all serious illnesses or diseases, early detection and diagnosis is the best chance for effective treatment. When an illness is not diagnosed or misdiagnosed by a physician, the consequences can be life-altering. It is the duty of physicians to use their knowledge and training to diagnose health conditions when there are obvious symptoms. When a doctor neglects this duty, it can be a case of medical malpractice and they may be liable for damages.
It is important to understand when failure to diagnose or misdiagnosis is considered a medical error. Unfortunately, not all diseases or illnesses have easily detected symptoms. Internal diseases like cancer can be present without any outward symptoms, or the symptoms can easily be misdiagnosed as another health concern. There are thousands of illnesses that can cause similar symptoms and doctors cannot be expected to test for every possible cause. However, the dismissal of symptoms without exploring the cause or misinterpreting test results are medical errors and can result in serious harm to the patient.
When is Misdiagnosis Medical Malpractice?
Medical malpractice cases of failure to diagnose or misdiagnosis are complicated. The burden of proof is on the patient and their legal team to show that the physician was negligent in their duty to the patient. Failure to diagnose can be construed as medical malpractice when the symptoms present should have alerted the physician that further testing or examination was needed. If it can be proven that the symptoms were glaring or another doctor with similar education would have diagnosed the condition, this can be considered malpractice. A clearer case is misdiagnosis of test results, when a physician is careless in their interpretation of testing performed.
A delay in diagnosis can allow serious diseases to progress, causing severe harm or death. If you have lost a loved one due to a doctor’s failure to diagnose or you were harmed by a misdiagnosis that delayed treatment, contact us at Race Law Firm. We will advise you of your rights and go over your legal options. You may be eligible to seek compensation for your loss or injuries.