When Does Failure To Diagnose Become Medical Malpractice?

Failure to diagnose is when the lack of a timely diagnosis results in harm to the patient.

When significant medical negligence or malpractice occurs, it becomes evident when the patient should seek legal advice.  But in cases of failure to diagnose, when should one seek legal aid?  Getting insufficient medical treatment should not be overlooked and knowing when to seek the advice of a medical malpractice attorney is key to getting justice when one’s health has been compromised.  Medical malpractice has an effect on thousands of Americans and failure to diagnose is one of the most common forms of malpractice.  Because failure to diagnose can have significant and grave effects on the lives of patients, and can even be a life or death matter, it needs to be taken very seriously.  Diagnosis needs to occur in a timely manner for treatment to happen, and if it does not, malpractice may have occurred.  Determining whether delayed diagnosis, failure to diagnose, or misdiagnosis has taken place is the first step and medical malpractice attorneys can help in this process.

What Counts As Failure To Diagnose?

Failure to diagnose is when the lack of a timely diagnosis results in harm to the patient.  Failure to diagnose can mean not properly identifying and treating a certain condition or failing to recognize a problem altogether.  If failure to diagnose is suspected, immediately contact a medical malpractice lawyer as legal action on your behalf should definitely be taken.

Negligent behavior on the part of the doctor can include not adequately listening to the patient or misinterpreting lab results or x-rays, not ordering the proper tests, or failing to recognize symptoms.  This can lead to not treating very serious health issues and can result in a heart attack, stroke, or spread of cancer.  Patients can often feel that their concerns are dismissed or ignored by doctors, and in many cases this counts as negligence. Occasionally doctors will invent names for a condition in order to simply pacify a patient and if this occurs and results in harm to the patient, this can be cause for legal action.  Delays in referral can oftentimes result in harm to the patient if the condition is serious.  Doctors have a significant responsibility to identify and treat medical conditions.  Sometimes errors occur that are not so serious, but in cases of malpractice, doctors should be held accountable for failing to properly treat a serious condition.

What To Do When You Suspect Failure To Diagnose

If malpractice is suspected, immediately contact a medical malpractice lawyer. Attorneys who deal with failure to diagnose cases will be most familiar with the type of malpractice that occurred and what damages can be sought as a result.  Possible damages include pain and suffering, lost wages, medical expenses, and loss of earning capacity.

St. Louis Medical Malpractice Lawyers

The time allowed by law in which you may file a lawsuit is limited. If you wait to contact an attorney, you may end up being barred by the statute of limitations from proceeding.

If you believe that you have a medical negligence or malpractice claim arising from a physician’s failure to diagnose, contact the Missouri and Illinois medical malpractice lawyers at the Zevan & Davidson Law Firm today. Call us at (314) 588-7200 today for a free and private consultation.


photo credit: a.drian

Missouri Medical Malpractice Lawyer

If you have suffered as a result of medical malpractice, contact our legal team right away. Waiting to seek legal representation can prevent you from filing a claim and receiving the compensation you deserve.

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