When you go to the hospital, or to a doctor’s office, you have a reasonable expectation that the doctor will do everything in their power to diagnose your condition. If your condition is not diagnosed, and you suffer because of the failure to diagnose or a misdiagnosis, then you may have grounds for a medical malpractice case against that physician. That’s where our Miami personal injury lawyer comes in.
Some things that may point to a failure to diagnose or misdiagnosis, include:
- A nonexistent or insufficient physical examination
- Not having regular screenings that would have found the condition
- Failure to recognize the symptoms of a medical condition
- Not paying attention to the symptoms that the patient is describing
- Not treating the patient appropriately or listening to complaints
- Failure to order the right tests
- Misinterpretation of test results
- Not providing follow-up care
- Diagnosing a tumor as benign when it is not
- Not referring to specialists soon enough
- Any other action that puts the patient at risk
Failure to Diagnose Misconceptions
Anyone who watches television might think that medical mysteries are commonplace and doctors are never really sure of a diagnosis. But the reality is very different. Medical conditions that are unusual and baffle doctors do occur, but rarely. Most of the time, doctors can diagnose conditions without even having to consult a physician’s desk reference or other research materials. Even when a condition is not easy to diagnose, doctors have a number of resources at their disposal – including other doctors with knowledge in a specialized area – to ensure that they can diagnose the condition and confirm it with tests.
What that usually means is when a doctor fails to diagnose you with the condition that you have, it is due to their incompetence or lack of effort. People who are patients of negligent doctors can suffer greatly because of a misdiagnosis or failure to diagnose the condition. Patients have spent years in excruciating pain because their doctor did not diagnose them either from incompetence, personal issues, or some other reason.
Why You Should Consult with an Injury Attorney
If you are injured due to a failure to diagnose, you should contact our medical malpractice attorney in Miami. A Miami hospital negligence attorney can help you determine if you have a case against the hospital or doctor, and whether they acted appropriately or not. You want a lawyer with experience in representing victims in medical malpractice cases, and more specifically, you want to find an attorney that has experience with failure to diagnose cases. Not being diagnosed with the correct illness can be one of the most frustrating and problematic events in your life, because you can spend years not getting the treatment that you so badly need. This is not only unfair to the patient; it can even lead to a wrongful death. It is also usually completely avoidable.
You may be wondering about the success of past medical malpractice cases when it comes to a misdiagnosis, failure to diagnose or delay in diagnosis. While each case is different, a report from the Institute of Medicine says that most people will receive some sort of bad diagnosis in their lifetime. In fact, some people are misdiagnosed or not diagnosed at all more than once. It is impossible to know how many of these cases result in medical malpractice, but the ones that have serious consequences do qualify, and attorneys are often able to get compensation for pain-and-suffering, serious injury, and various other consequences of a failure to diagnose.
Common Failure to Diagnose Cases
There are lots of reasons to contact a Miami personal injury lawyer when it comes to failure to diagnose and misdiagnosis cases. Here are some of the reasons why people contact a personal injury attorney after a hospital stay or finding out their true diagnosis from another doctor.
- Delays or failures in diagnosing a heart condition such as a heart attack or angina
- Delay or failure to diagnose lung cancer
- Delay or failure to diagnose colorectal cancer
- Delay or failure to diagnose breast cancer
- Delay or failure to diagnose other forms of cancer
- Delay or failure to diagnose appendicitis
- Delay or failure to diagnose serious dental infections
- Delay or failure to diagnose broken bones
- Delay or failure to diagnose serious brain injuries or spinal cord injuries
- Delay or failure to diagnose or treat chronic pain problems such as sciatica
One of the most common places where failures in diagnosis can happen is in the emergency room. Things are hectic in the emergency room, and the staff has to deal with all kinds of things that may not be medical-related, such as drug-seeking behavior or homeless people looking for a bed and a meal. However, that doesn’t mean that doctors should not be held liable when they make mistakes. When doctors fail to admit patients for emergency treatments or do not order tests that could have resulted in a correct diagnosis, such as x-rays, CAT scans, and MRIs, they need to be held liable. Also, complications have occurred due to incorrect treatments because of a doctor’s failure to consider or diagnose other conditions or complications that could arise from that treatment.
A case that personal injury lawyers commonly see is a patient that went to the emergency room with chest pains, and the doctor did not do the appropriate tests or does not have the knowledge or experience to diagnose a serious heart condition or heart attack, and sends the client home with a diagnosis of indigestion. Also, when pregnancy complications come up, and the doctor or other members of the delivery team do not respond quickly enough or appropriately, they can be held liable for the resulting birth injuries as well.
Contact Our Office for a Free Consultation
The bottom line is that you should contact our Miami personal injury attorney right away if you have been misdiagnosed, or if you had a failure to diagnose your condition. The sooner you contact an attorney, the higher the chances are of receiving compensation and getting justice. We do not charge for consultations, and we only get paid if we are successful in recovering for you.