View RSS Feed

Legal Help

May I Sue My Physician For Failure to Diagnose my Illness?

Rate this Entry
by , 07-05-2012 at 06:03 PM (1751 Views)
May I Sue My Physician For Failure to Diagnose my Illness?





Medical malpractice refers to the umbrella term encompassing many different acts of medically negligence. Some commonly and less commonly known types of malpractice in medicine are a healthcare professional's improper treatment, wrong treatment, or also the failure to properly diagnose the correct Illness.


That said, simply because a medical provider might not have diagnosed a disease or other condition doesn't imply an automatic claim for medical malpractice let alone a probably monetary award. Medical malpractice ofttimes can be extremely difficult and time drenchign to present and prove correctly. For those believing they've been a victim of a medical malpractice event, typically the best course of action is to consult with an experienced and knowledgeable malpractice attorney to confirm whether you have a powerful case and to assure that if you do have a good case that you won't waste time and money without a proper outcome.
Legal Medical Malpractice Fundamentals

To grasp the main concepts of medical malpractice, as well as determining whether your case is strong enough to merit a medical negligence claim as a result of one of the main reasons: failure or lack of diagnosis and other types.


To truly have a malpractice case, the professional administering or failing to administer properly cannot simply operate in a manner which would have been expected of a consummate professional. Instead, the healthcare person must have acted in a manner that is construed as negligent. This means that your physician or other health professional must be in a situation in which they failed to administer care according to a recognized level called a standard of care. This refers to the industry standard and accepted methods for used by medical professionals in the specific area of care for a specific illness or other condition. Many factors affect this standard of administration of care such as the patient's age as well as the current medical condition of the patient treated.

Furthermore, the act performed or not performed by the doctor or other healthcare personnel must be traceable to being the cause of injuries. The term for this is causation. Causation is generally the most time-intensive and most commonly takes into account expert medical malpractice witnesses.

And finally, valid medical malpractice claims are predicated upon the simple fact that you have received an injury as a result of the claim. Proof of physical injury will naturally be a major basic requirement to any medical malpractice claim.

Lack of Diagnosis or "Failure to Diagnose"

Failure to diagnose a patient is a common cause of claim for medical malpractice legal issues and claims. However, if a physician fails to diagnose, but then no injury is sustained, there is no malpractice claim. Or, if your doctor does not diagnose, and you sustain an injury, but your injury is unrelated, or inconclusively shown to be related to a lack of diagnosis, you will also have no claim.

Although medicine is science, it is certainly not always nor even is it often exact science. Most ailments need followup, additional tests, and even in many cases in spite of such testing, the doctor may still not come to a conclusion regarding the cause of a patient's illness or other condition or ailment. Medical doctors are simply not required by law to be right 100% of the time. Nor would anyone expect a physician to accurately assess a patient's condition in a split second.



Instead, medical professionals are only legally required to act in a way that coincides with recognized standards for care. If the evidence shows that your physician broke this standard and failed in the proper duties to diagnose your condition, you might have a malpractice claim which merits legal action. Expert witness are called to consider the facts in cases like this to determine whether the doctor truly failed in performing their duty.


For those with further questions regarding a potentially misdiagnosed or failure to diagnose and whether these conditions may constitute an instance of medical malpractice, an experienced medical malpractice law firm should be sought to find out.

Comments