When you see your physician, you assume they will treat you according to the accepted medical standard of care. When a doctor’s actions fall below that standard, not only could a patient be severely injured, but the medical provider could be liable.
Failure to diagnose a health condition is one of many potential forms of medical malpractice. While not all medical errors constitute negligence, when you are injured as a result of a doctor’s failure to properly diagnose a disease or condition, you may have grounds to file a lawsuit seeking compensation.
An Allentown failure to diagnose lawyer can investigate your injury to determine whether the medical provider was negligent. Our medical malpractice attorneys can help you claim the money you deserve for the physical, emotional, and financial losses you have endured from a medical misdiagnosis.
Establishing Medical Negligence in Failure to Diagnose Cases
Drawing a connection between the failure to diagnose a medical condition and actual negligence by your doctor is not easy. Sometimes, these cases involve a simple medical error or a condition that no reasonable doctor would have detected. However, failure to diagnose may also indicate your doctor was negligent.
For example, if your doctor overlooked certain symptoms you told them about, didn’t adequately follow up with you, didn’t read your lab results correctly, didn’t order additional testing, or failed to refer you to a specialist, there may be a basis for legal action. To establish the actions of your doctor or other healthcare provider showed negligence, you need to demonstrate four unique elements:
- Your healthcare provider owed you a legal duty of care. All physicians are required to apply the accepted standard of care when they treat their patients.
- Your healthcare provider violated that legal duty and, either by their action or inaction, did not apply the accepted standard of care. The standard of care is that which a reasonably prudent doctor with the same level of training and experience would have applied given the same or similar circumstances.
- That healthcare provider’s failure to apply the acceptable standard of care was the direct cause of your physical harm.
- As a result of the healthcare provider’s failure, you sustained damages for which you can be compensated.
Some examples of common conditions that medical providers misdiagnose or fail to diagnose include cardiovascular diseases, colon cancer, breast cancer, autoimmune diseases, serious infections, and blood clots, but there are many others. At best, failure to diagnose a medical condition can inflict tremendous pain and suffering on the patient. At worst, patients could be left dealing with life-altering or even fatal conditions because the disease or illness remained untreated for too long.
A doctor’s failure to diagnose can also involve a misdiagnosis of the condition as something else, potentially putting the patient through a lengthy and unnecessary course of treatment that imposes great physical, emotional, and financial harm. If you or a loved one has been impacted by a medical provider’s failure to diagnose, it may be time to speak with one of our Allentown attorneys who can inform you of your best legal options.
Filing a Lawsuit for a Medical Provider’s Failure to Diagnose
A lawyer in Allentown could examine all potential sources of liability in a failure to diagnose case. Besides the treating physician, other parties could be liable in these cases, including other members of the hospital staff and even the hospital itself.
It’s important to seek legal representation promptly when you suspect a doctor was negligent in a failure to diagnose situation. Pennsylvania sets a two-year statute of limitations for medical malpractice cases. That two-year period may not begin to run right away if you do not learn about your injury right away. Our attorneys could review the details of your injuries to assess what filing window applies.
An injured person may be entitled to claim a wide array of damages for a physician’s failure to diagnose. These could include non-economic losses like pain, suffering, and emotional distress and economic damages like past and future medical expenses, lost wages, and diminished future earning capacity.
Call an Allentown Failure to Diagnose Attorney Today
Any medical malpractice claim must be backed up by an extensive body of evidence. You can rest assured that the medical provider’s insurance company and lawyers will be working overtime to disprove your claim.
Our Allentown failure to diagnose lawyers can step in from day one to fight for your rights and protect your interests. We can review your medical records, collect evidence, and construct the most effective possible claim. Contact Ostroff Godshall Injury and Accident Lawyers today to speak with an attorney about your potential medical negligence claim in a free, confidential legal consultation. You won’t owe us anything until we win the compensation you deserve.