What Counts as “Failure to Diagnose” in a Malpractice Lawsuit?
If you have a serious illness and you believe your doctor didn’t diagnose it timely manner, you could bring a medical malpractice lawsuit. If you’re in Florida, speak with an attorney at Colling Gilbert Wright to find out if your case meets the criteria to count as a failure to diagnose medical malpractice lawsuit.
Elements of a Malpractice Lawsuit
Every human body is different, and diagnosis isn’t usually an exact science. Sometimes, lab results or other clinical indicators make a diagnosis obvious, but in many cases, diagnosing a condition means weighing various probabilities and choosing one.
A delayed diagnosis doesn’t necessarily mean your doctor committed malpractice. You might have the grounds for a malpractice lawsuit when there is evidence that a similarly qualified practitioner would’ve behaved differently and arrived at a diagnosis sooner. A skilled medical malpractice attorney will review your medical records and even have them evaluated by a medical expert before deciding whether to proceed with a malpractice suit.
What Are the Indicators of Failure to Diagnose?
There are some red flags that indicate a doctor should’ve arrived at the correct diagnosis sooner. When these situations appear in the medical record, there is a good chance your doctor didn’t provide you with a reasonable standard of care.
Dismissing or Overlooking Symptoms
If a doctor didn’t take your symptoms seriously and it turns out that the symptoms you complained of were indicators of a dangerous condition, your doctor may have committed medical malpractice.
Failing to Order Appropriate Tests
If your doctor didn’t order tests that were indicated and might have led to an earlier diagnosis, you might have the basis for a lawsuit.
Failing to Act Promptly on Test Results
Sometimes doctors don’t review test results when they come in, or misinterpret them and fail to take appropriate action. If this happened in your case, a malpractice lawsuit might be appropriate.
Inadequate Follow-up
A doctor could be guilty of malpractice if they don’t follow up on your test results appropriately. That could mean failing to write an indicated prescription, failing to refer you to a specialist, or failing to take other actions that might have led to a better result.
You Have to Prove Harm
If you’re considering a medical malpractice lawsuit, you must have evidence that the delay in your diagnosis caused harm.
You can demonstrate harm in several ways. A doctor may have committed malpractice if the delay:
- Impacted the treatment regimen
- Reduced your chances of making a complete recovery
- Caused unnecessary suffering
- Required you to incur unnecessary expenses
An experienced medical malpractice attorney can explain whether your situation meets the criteria for demonstrating actual harm.
Most states require you to file a medical malpractice lawsuit within a relatively short window of time. You can preserve your rights by contacting an attorney as soon as you learn that a medical professional failed to diagnose you promptly.
Speak With a Medical Malpractice Attorney Immediately If You Were Harmed by a Delayed Diagnosis
A failure to diagnose can be particularly dangerous malpractice. The success of treatment for many cancers and other serious conditions may depend on early detection.
If it sounds like your experience counts as a failure to diagnose, and you are interested in bringing a medical malpractice lawsuit, contact an experienced attorney in your area. You should seek a legal professional with an extensive record of success, like those at The Florida Firm. Call today for a free consultation.
