Although many people assume that medical malpractice is primarily related to a poor level of care, the majority of cases filed were actually in relation to a misdiagnosis of failure to diagnose a problem. Misdiagnosis and failure to diagnose are sadly common as symptoms may appear as one problem but actually be indicating another. It’s said that doctors are now ordering more tests than necessary to avoid medical malpractice lawsuits based on misdiagnosis or failure to diagnose. One study cited over 50 billion dollars in spending on unnecessary medical diagnostic tests in the US.
Obviously, the most glaring examples of misdiagnosis lead to death in some patients who have sought care. The most common cases are brought in relation to heart attacks, breast lung and colorectal cancers and appendicitis. In the case of both heart attack and appendicitis, misdiagnosis can lead rapidly to extreme illness and even death in some cases. In cancer misdiagnosis, the prognosis for survival and treatment changes drastically with time, so loss of treatment opportunity may shorten a person’s lifespan significantly. These are merely the most common misdiagnosis or failure to diagnose medical malpractice lawsuits. This does not mean that if you are the victim of misdiagnosis, failure to diagnose or delayed diagnosis of some other disease or condition that you are not entitled to compensation or redress. Because of the sheer number of Americans walking around with undiagnosed illnesses, these illnesses represent merely a fraction of this medical malpractice issue.
A failure to diagnosis, misdiagnosis or delay in diagnosis under medical malpractice can be proven if three issues are resolved in the mind of the court. First, if the medical provider failed to diagnose a disease properly because they failed to run prudent diagnostics or to note symptoms that any other practitioner would have run and noted. Second, that misdiagnosing, failing to diagnose or delayed diagnosis caused serious and irreparable harm resulting in a loss or damage to the patient. Finally, that it is reasonable for medical practitioner to be held liable for the damage and that they can and should pay compensatory damages to the patient.
A qualified medical malpractice attorney can guide you through the legal process and offer a much higher success rate for your case. They have the expertise in technical testimony and evidentiary process, the experience in putting expert witnesses on the stand and the ability to negotiate with insurance companies and attorneys to guarantee you with the best results possible. You may be entitled to a reimbursement of medical expenses, future medical care cost coverage or compensation for loss of pay, pain and suffering and future income.
No one can undo or repair a failure to diagnose, a misdiagnosis or a delay in diagnosis, or the consequences thereof, but you can be cared for or provide compensation for your family. If you are a victim of failure to diagnose medical malpractice, you deserve your day in court, so make sure you contact a qualified medical malpractice attorney as soon as possible.