Ever felt like your Doctor was rushing your diagnosis in order to go play golf? Did you feel like the medical staff was ignoring your needs, or simply didn't care enough to give you the care and attention you deserve? A PHD doesn't prevent mistakes, negligence, or a failure to uphold the sacred trust given your Dr. If you feel your health was mishandled, and doctor incompetence resulted in your suffering emotionally or physically, contact us immediately. You CAN sue your Doctor and our attorneys will help:
- Ensure your needs are not ignored
- Pursue maximum compensation under the law for your suffering
- Treat you with the dignity & respect you deserve
The simple fact of a misdiagnosis or lack of diagnosis by itself is not enough to establish negligence on a doctor's part.
Skilled, experienced, and laudable doctors make errors in diagnoses all the time. The key is in determining if they acted in a reasonable manner and in accordance with standard medical practice.
Doctors are often not held responsible under the law for mistaken diagnoses. To prove medical malpractice patients needs to establish that three things are true:
- There was an existing doctor-patient relationship
- Negligence occurred on the part of the doctor
- The negligence on the doctor's part caused injury to the patient
In most cases the success in suing a doctor for malpractice based on symptom misdiagnosis hinges on the last two elements of proof. We will look at these in more detail next.
Differential diagnosis is a systematic method used to identify a disease based on the patient's symptoms. Once the doctor conducts an evaluation, he or she lists the probable causes in order of likelihood.
A further examination of the patient to determine the strength of the probability of each diagnosis then generally is warranted. They may order tests, request detailed information about the patient's symptoms and medical history, or even refer the patient to a specialist.
The goal is to rule out diseases and causes until just one remains. Because medicine is not a perfect science, this does not always occur.
In a case of misdiagnosis, the patient needs to prove that another doctor would not have misdiagnosed your condition under similar circumstances. Practically, this means you must prove one of the two following things:
- The differential diagnosis list did not contain the correct diagnosis, but another doctor would have included the diagnosis under similar circumstances.
- The correct diagnosis was included on the differential diagnosis list, but the doctor failed to perform the necessary investigation to prove or disprove the viability of the diagnosis.
Even if negligence is proven, the patient must still prove that the negligence led to an injury or allowed a condition to become worse than it would have been had a correct diagnosis been made.
Many instances of cancer are made more severe by a delayed diagnosis, for example. Negligent delays in determining cancer to be the cause of symptoms can result in treatments not being used when they could have been effective. Mistakes of this nature can take lives.
If the doctor has diagnosed and treated a patient for a condition they do not have, the patient may make a claim for harm in the form of medical problems, stress, anxiety, and financial costs from the unnecessary treatment.
A number of medical treatments go beyond uncomfortable, making matters worse are situations when all the suffering experienced is ultimately proven unnecessary.Review My Case Now
Diagnostic mistakes are made by medical professionals in a number of ways, and caused by a number of unfortunate realities in our medical system.
Common Mistakes Include:
- Wrong diagnosis or misdiagnosis
- Lack of or missed diagnosis
- Delayed diagnosis
- Failure to recognize complications
- Failure to diagnose a related disease
- Failure to diagnose an unrelated disease
Common Causes Include:
- Lack of time with patient
- Drugs & alcohol
- Ignoring patient concerns
- Failure to give case time it deserves
In some cases, a doctor may misdiagnose a condition based on faulty results from tests. There are two ways that this can occur:
- Faulty diagnostic equipment
- Human error
While these situations may relieve the doctor from the burden of medical malpractice liability, they may make another person responsible such as the technician responsible for the equipment, hospital or the person who made an error in testing or interpreting the test results.Review My Case Now
If your doctor failed to give you the time and attention you deserved and you feel it resulted in your suffering injuries due to a failure to diagnose the true cause of your symptoms, or due a misdiagnosis, you may be eligible to file a medical malpractice lawsuit. You may be entitled to significant compensation for your suffering, and can help prevent the same injustice from happening to another.
If the Doctor or Hospital you suffereed your injuries can be held legally responsible, your case may qualify for no up front expenses, instead any legal fees paid if and only if your lawyer wins your case.
Our attorneys are experienced in litigating medical malpractice cases from the simple to the complex and are not afraid to go to trial and fight to win.
If your case qualifies, we will fight for the maximum compensation under the law and ensure that your needs do not go ignored. Don't let the insurance companies that represent hospitals and doctors bully you out of pursuing the justice you deserve. You will not be responsible for any fees or costs unless we can obtain a settlement.
Because medical malpractice claims are subject to time limits, known as the statute of limitations, you should not delay in filing your claim. Contact us today for a free no obligation review of your case with a real malpractice attorney experienced in diagnosis lawsuits.