Failure to diagnose a condition or a disease is a common form of medical negligence, often resulting in devastating consequences. Cancers, Lyme disease, and autoimmune disorders like diabetes are some of the examples of failure-to-diagnose cases. Many of these lawsuits arise from healthcare provider negligence, such as failing to obtain a thorough patient history or neglecting to perform critical diagnostic tests like labs, biopsies, bloodwork, x-rays, MRIs, or CT scans.
If you or a loved one has suffered damages due to failure to diagnose, contact the experienced medical negligence attorneys at Shelsby & Leoni for help.
What Is Considered a Failure to Diagnose?
A key element of a failure to diagnose medical condition lawsuit, or any standard medical malpractice case, is proving that another medical professional with the same training and skillset would not have made the same mistake. Some conditions are difficult to diagnose, so if another professional would have struggled with the diagnosis, it’s likely not malpractice.
In other words, you must show that:
- the medical professional failed to diagnose and treat the condition appropriately, and
- their failure resulted in losses
The complexities of this process make it important that you hire a failure-to-diagnose lawyer to fight for the compensation you deserve.
Common Types of Failure to Diagnose Cases
You may file a failure to diagnose or a delay in diagnosis lawsuit against individuals and/or entities that failed to provide the right care for a given condition. Here are some common cases our failure to diagnose attorneys have experience with:
Heart Attack
Heart attacks aren’t always obvious to diagnose, especially in women. Most people know the warning signs of a heart attack, like pain in the chest and left arm, but there are many other more subtle ones, like upper back pain and heartburn. A healthcare provider must understand how to diagnose heart failure – a doctor who misses these could fail to offer urgent care, putting them at risk of further suffering or even death.
Cancer
Cancers can appear with a variety of symptoms, and not all of them fit the standard patterns. Failure to diagnose cancer on time means allowing the disease to progress, which could have dire consequences for patients.
Aneurysm
An aneurysm refers to a weakening of an arterial wall, causing it to balloon out. If this balloon bursts, the patient can suffer internal bleeding.
Stroke
A person may suffer a stroke if a blocked artery cuts off blood to the brain, or if a blood vessel bursts and causes bleeding in the brain. Failure to properly diagnose the warning signs of stroke can put patients in mortal danger.
Fetal Distress
During gestation and labor, doctors must monitor the fetus to ensure there are no signs of distress. This includes checking oxygen levels and heart rate. Not performing this basic monitoring can lead to conditions like cerebral palsy and other lifelong health concerns.
Asthma
Asthma is a life-threatening condition that requires fast action. Even if the condition doesn’t put a person in immediate danger, undiagnosed asthma can result in an overall lower quality of life and could decrease their ability to work and support themselves.
Infections
Infections that aren’t treated in time can quickly escalate to system-wide problems, including the development of sepsis. Sepsis can cause organs to shut down. A failure to diagnose infection lawyer can help you fight for the benefits and compensation you deserve.
Fractures
Not all fractures are immediately obvious. Hairline fractures, in particular, can be tough to spot. If a medical professional doesn’t diagnose it on time, leading to further suffering, they might be eligible to file a negligence claim against such professional and/or the hospital.
Pulmonary Embolism
A pulmonary embolism happens when a blood clot gets stuck in a lung artery, blocking blood flow. These clots typically begin in the leg, causing significant pain that can point to the problem. Physicians who don’t act fast enough to manage the clot before it travels to the lungs could be held liable for the aftermath.
Surgical Injuries
Surgeries are inherently risky procedures, and not all injuries that might occur during surgery are considered medical malpractice. If, however, the medical professional could have prevented the injury and didn’t, they could be held liable. Such surgical injuries can include preventable infections, operating on the wrong body part, pressure ulcers from improper positioning, and burns from the surgical lights.
In some instances, the problem may involve anesthetic errors, such as not offering the right dose or not monitoring vital signs closely enough.
Meningitis
Meningitis is an infection of the membranes and fluid that surround the brain and spinal cord. Any failure to diagnose this condition can result in serious complications, including seizures, vision and hearing loss, heart and kidney problems, and brain damage.
Spinal Abscess
A spinal cord abscess occurs when there is inflammation, pus, and bacteria in or around the spinal cord. Symptoms can be severe, including loss of bowel control and the inability to move parts of the body. Without fast and appropriate treatment, it’s possible to suffer nerve damage and permanent paralysis.
Compartment Syndrome
Compartment syndrome refers to a buildup of pressure around muscles that cuts off blood flow, reducing the amount of oxygen and nutrients that reach the body’s tissues. It is a highly painful condition that occurs after trauma or as a result of surgical complications. Acute compartment syndrome can be fatal if not treated immediately.
Autoimmune Conditions
Autoimmune conditions, such as type 1 diabetes, celiac disease, and multiple sclerosis, require prompt diagnosis to prevent serious complications from developing. A medical professional who fails to recognize these conditions might offer treatments that cause more harm while putting the patient’s life at risk.
Internal Bleeding
After suffering any kind of physical trauma, there’s always the risk of experiencing internal bleeding. It is not always simple to spot the signs of internal bleeding, but medical professionals must perform a variety of tests to look for it. Internal bleeding can quickly spiral out of control, putting the patient’s life at risk.
When Should I Hire a Lawyer for My Failure to Diagnose Case?
You should ideally start looking for legal assistance as soon as you suspect medical malpractice. The statute of limitations (or deadline) for filing failure to diagnose cases starts running the moment that you notice an injury, so getting immediate help can protect your right to file a claim. Remember that hospitals have legal teams that will do everything possible to minimize your case and refrain from paying you what you deserve.
Your claim will be significantly stronger with a medical malpractice law firm by your side. Filing a lawsuit early also grants your attorneys sufficient time to work on building a robust case.
Failure to Diagnose Lawsuit: Compensation You Might Be Eligible For
When filing a failure to diagnose lawsuit with the help of a medical malpractice lawyer, you can sue for both economic and non-economic damages. Economic damages cover several financial losses you may have sustained, beginning with medical expenses like hospital bills, medication costs, and therapy fees.
In some cases, you may need to make changes to your home or vehicle to accommodate certain physical disabilities that are the result of malpractice. These may also be included in economic damages.
Wrongful Death
If the failure to diagnose led to a loved one’s wrongful death, you might be eligible to receive compensation to cover funeral costs, as well as other bills connected to a loved one’s passing. If the person offered services like childcare, you might be able to claim the cost of hiring someone to perform those tasks.
Non-Economic Damages
A failure to diagnose medical malpractice attorney can also help you recover non-economic damages from the negligent parties. These are losses that don’t come with a quantifiable price tag, which means they’re more subjective and must be negotiated properly by an experienced lawyer. Examples of non-economic damages may include pain and suffering from a worsening health condition, loss of enjoyment of life compensation, and/or loss of consortium to compensate you for the loss of support and companionship from a loved one.
Do You Have a Case? Reach Out to Our Failure to Diagnose Attorneys For Help
Failure to diagnose medical issues are some of the most common grounds for medical negligence lawsuits. In cases like these, several elements need to be present for your case to have merit.
At Shelsby and Leoni, our attorneys understand the complexities of such cases. We can prove that the doctor, surgeon, oncologist, or hospital did not provide an adequate level of care, and that deviation from the standard of care resulted in injury or illness. We know how to show that the negligent actions of your provider played a direct role in your injury or illness.
We never shy away from the courtroom. If it’s in your best interests to pursue litigation, we will do so. You can reach us online or contact us to schedule an appointment at our Delaware or Maryland offices. All case evaluations are free, and we charge no fees if we do not recover for you.