What Is a Misdiagnosis or Failure to Diagnose?
Misdiagnosisor delayed diagnosis happens when a physician's diagnostic error leads to the wrong treatment, a delayed treatment, or absolutely no treatment at all. The wrong diagnosis or a delayed diagnosis can result in aggravated injuries, a worsened condition, and even death. Researchers at estimate the number of patients suffering misdiagnosis-related, potentially preventable, significant permanent injury or death annually in the United States ranges from 80,000 to 160,000.
Additionally, when a patient undergoes unnecessary treatment, it can alter their health in unforeseen ways. Some commonly misdiagnosed conditions include:
- Labor and birth complications
- Bacterial meningitis
- Heart attack
Why Does Misdiagnosis Occur?
When a physician fails to listen to a patient’s concerns or does not compile an accurate medical history, this can lead to a misdiagnosis or a failure to diagnose. Additionally, if a physician does not order appropriate testing or improperly analyzes test results, this can lead to diagnostic errors. If you or someone you know has been misdiagnosed resulting in a serious or permanent injury, our military medical malpractice attorneys have decades of experience in this highly complex field of law. We have the skills and experience to provide you with the best outcome for your case.
What Makes a Meritorious Failure to Diagnose Lawsuit?
In order to bring a successful malpractice claim or case, the claimant must prove that the health care provider acted negligently and that this negligence caused an injury and damage. Proving a case requires obtaining and reviewing medical records in conjunction with experts and then presenting the claim, with supporting evidence.
Lawyers, like our military medical malpractice attorneys, who specialize in misdiagnosis or failure to diagnose lawsuits have the knowledge and expertise to find the mistakes doctors made, gather expert witnesses, and hold negotiations for a settlement in your favor.
Recovering Damages In a Failure to Diagnose Lawsuit
Those who suffer a failure to diagnose or a misdiagnosis as a result of medical negligence have the right to recover for both their economic and emotional damages. With a failure to diagnose lawsuit, you may be able to recover for:
- Past and future medical costs, including additional medical bills resulting from a worsened condition
- Costs for additional treatments
- Pain and suffering
- Lost wages
- Other damages