Failure to Diagnose Lawyer

Failure to Diagnose Attorneys

The number of diagnostic errors has been increasing over recent years, pointing to a major problem in the medical field. According to a 2023 study by Johns Hopkins University, diagnostic issues affect approximately 795,000 Americans annually. These errors are responsible for aggravated and preventable health challenges that often cause permanent disabilities and sometimes even death.

If you or a loved one has suffered injuries due to a failure to diagnose, you may be entitled to compensation through the proper legal action. A failure to diagnose lawyer from Varcadipane & Pinnisi, P.C., can assist you in filing a medical malpractice claim against the negligent medical professionals to ensure you receive justice and rightful compensation. We will pursue appropriate legal avenues to assist you in reclaiming your life after a failure-to-diagnose incident that caused you financial losses and much pain and suffering.

Table Of Content

How Can a Failure To Diagnose Happen?

Failure to diagnose occurs when a healthcare provider fails to identify a patient’s condition correctly. This may happen for various reasons, often due to lapses in standard medical testing or procedures. Here are some common scenarios where a failure to diagnose might happen:

  • Clinical reasoning errors. These occur when a healthcare provider misinterprets clinical data or overlooks critical information.
  • Communication breakdowns. Poor communication between healthcare providers, patients, and specialists can result in crucial information being missed or misunderstood.
  • Systemic issues. Issues with the healthcare system, including inadequate staffing, poor workflow design, or lack of access to necessary diagnostic tools, can hinder accurate diagnosis.
  • Human factors. Fatigue, cognitive overload, and biases can affect a healthcare provider’s judgment and decision-making abilities.
  • Inadequate follow-up. Not following up on test results or patient progress can lead to missed diagnoses.
  • Inadequate testing. Failure to order necessary tests can result in missed diagnoses. In some cases, even if tests are ordered, results might be misinterpreted.
  • Incomplete medical history. Not taking a comprehensive medical history can lead to missed connections that could point to a correct diagnosis.
  • Technological errors. Reliance on faulty or outdated diagnostic equipment can also contribute to diagnostic failures.

The following is an example of a failure to diagnose a case:

A middle-aged man arrives at the emergency room with shortness of breath and chest pains. The attending physician diagnoses him with acid reflux and discharges him with antacids.

The patient returns to the ER two days later with a full-blown heart attack, leading to severe cardiac damage. This is a “failure to diagnose” case because an initial ECG and blood tests could have identified the initial cardiac event, which would have led to timely intervention and possibly prevented extensive heart damage.

Is Failure To Diagnose Considered Malpractice?

Failure to diagnose can be medical malpractice, depending on the unique circumstances of the case. Medical malpractice happens when a doctor or a healthcare professional deviates from the medically accepted standard of care, and as a consequence, the patient sustains actual harm.

failure to diagnose lawyer

Failure to diagnose can fall under malpractice if these elements are proven:

Duty of Care

A patient-provider relationship must be established, meaning the healthcare provider officially assumes responsibility for care to the patient. This is usually straightforward to prove if the patient was being treated or consulted by the provider.

Breach of Duty

It must be proved that the healthcare provider didn’t meet the care standards that are usually expected in the medical profession. This involves showing that a competent provider, under the same set of circumstances, would have made the correct diagnosis or taken additional steps to diagnose the condition.

Causation

You must prove that the misdiagnosis directly hurt you as a patient. This often involves showing that, had the correct diagnosis been made in a timely manner, the outcome would have been significantly better.

Damages

The patient needs to have actually been harmed because of the missed diagnosis. One must, therefore, prove that they suffered either physical pain, additional medical treatment, emotional distress, or financial costs.

When these elements are present, you can pursue a failure-to-diagnose case as a medical malpractice claim. However, proving the provider’s deviation from the standard of care can be challenging. Patients or their families need to consult with a failure-to-diagnose attorney in New Jersey to navigate this process confidently.

Most Common Misdiagnosed Conditions

According to research, many diagnostic errors fall into three major categories, namely vascular events, infections, and cancers. Here’s a closer look at some of the most frequently misdiagnosed conditions within these categories:

Vascular Events

  • Stroke
  • Heart attack
  • Venous thromboembolism (VTE)
  • Aortic aneurysm and dissection
  • Arterial thromboembolism

Infections

  • Sepsis
  • Meningitis and Encephalitis
  • Spinal Infections
  • Pneumonia
  • Endocarditis

Cancers

Other Notable Conditions

  • Diabetes
  • Mental health disorders
  • Rare genetic disorders

If you suspect a misdiagnosis has occurred, seeking a second opinion from a specialist or consulting a lawyer can be key in establishing a malpractice. A study by Mayo Clinic researchers revealed that seeking a second opinion can even mitigate the injuries, as 20% of patients received a completely different diagnosis, while about two-thirds received a refined diagnosis.

Consequences of a Misdiagnosis

Misdiagnosis typically implies that the doctor fails to diagnose the right condition and administers the wrong treatment or medication. The obvious consequence is that the condition will be left untreated and may become more severe or lead to additional health complications.

For instance, cancer misdiagnosis can lead to the progression of the disease, making it harder to manage when it has progressed to advanced stages.

Also, the stress and anxiety of dealing with an undiagnosed or misdiagnosed condition can cause a huge emotional burden on patients and their families. Misdiagnosis often leads to additional medical costs, lost income, and other expenses, putting financial strain on families.

Your lawyer will ensure that the impact of the misdiagnosis on your life is completely factored into your compensation. Therefore, be sure to document your injuries and how they affect your way of life.

Who Can Be Liable for Failure To Diagnose a Health Condition?

Liability for failure to diagnose can affect various parties within the healthcare system. Potentially liable parties include:

  • Physicians. Doctors who fail to recognize symptoms, order appropriate tests, or follow up on test results.
  • Hospitals. Healthcare institutions may be liable if systemic issues, such as understaffing or poor communication protocols, contribute to the misdiagnosis.
  • Diagnostic labs. Lab technicians or facilities that misinterpret or mishandle test results.
  • Specialists. Specialists who fail to provide accurate second opinions or follow-up on referred cases.

These parties have a responsibility to care for patients and ensure timely, accurate diagnoses. If they fail to meet this standard, it may amount to negligence and result in legal liability.

What Kind of Compensation Can I Get?

Victims of failure to diagnose can seek various forms of compensation for the damages they have suffered. Compensation can cover:

  • Medical expenses. Costs for both past and future medical treatments related to the misdiagnosis.
  • Lost wages. Compensation for earnings lost due to inability to work as a result of the misdiagnosis.
  • Pain and suffering. Restitution for the physical pain and emotional distress experienced due to the misdiagnosis.
  • Loss of quality of life. Damages for the diminished quality of life resulting from the worsened health condition.
  • Wrongful death benefits. In cases where misdiagnosis leads to death, the family can seek compensation for losing a companion, benefits, and funeral expenses.

To secure adequate compensation, you will need legal representation. Your failure to diagnose lawyer will help accurately calculate and prove the extent of damages for commensurate compensation.

Contact Our New Jersey Failure To Diagnose Lawyers Now

A winning medical malpractice claim largely depends on robust legal representation. Handling the legal process while recovering from a misdiagnosis injury can bring significant challenges and risks, potentially leading to inadequate compensation, if any at all. At Varcadipane & Pinnisi, P.C., we understand the complexity associated with proving medical malpractice cases against medical professionals.

Our medical malpractice attorneys in New Jersey will handle your case, from gathering evidence and consulting experts to negotiating with insurance companies and litigation. We aim to achieve a favorable outcome, ensure your life goes back to normal, and significantly reduce your pain and suffering. Contact us today online or call (201) 588-1500 so we can evaluate your case free of charge.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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