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Individuals trust medical professionals to recognize the signs and symptoms of potential health problems and protect them. But when a healthcare provider fails to diagnose a health problem, what options does the patient or loved one have if the error leads to further complications or even death?
A patient or a loved one may be able to bring a lawsuit against a hospital, medical professional, or provider’s practice if their error in diagnosing or treating a patient causes harm. But the patient or loved one must show that the medical professionals’ actions (or inaction) fell below acceptable care standards and that any negligence led to damages.
Our attorneys can help explore whether a medical malpractice lawsuit against a healthcare professional for their failure to properly diagnose or treat a condition is a viable option for you. Here’s how.
Proving Key Elements of a Failure To Diagnose Allegation
A failure to diagnose or a delay in diagnosis could be a breach of the standard of care. This refers to an action or inaction by a physician that led to patient harm. In some cases this may qualify as medical malpractice.
When bringing a lawsuit alleging a provider’s failure to timely or properly diagnose a medical condition, an attorney must prove the existence of four critical elements:
- Duty: that a provider-patient relationship existed between the doctor and the claimant, creating an inherent duty of care for the physician
- Breach: that the provider fell short of meeting the accepted standards of medical care that, in a similar scenario, a reasonably competent medical provider would have upheld (i.e., that negligence exists in the case)
- Causation: a direct link between the doctor’s action (or inaction) and any resulting damages suffered by the patient
- Damages: the claimant experienced losses or harm as a result of the failure to diagnose or the delay in diagnosis
The Potential Harms of a Delayed or Improper Diagnosis
A missed diagnosis that results in an untreated dangerous medical condition could lead to serious consequences and damages, including:
- Unchecked disease progression, particularly in cases of cancers and infections
- Added complications and increased risks
- Unnecessary treatments in the case of an initial misdiagnosis, along with the added expenses and side effects they can bring
- Added medical costs from ongoing care due to a delayed diagnosis, including added or extended hospital stays
- Ongoing pain and reduced mobility, leading to a lowered quality of life
- Negative impacts on work performance and even the ability to perform work-related tasks—and as a result, a potential loss of income, reduced job security, and a decline in chances for career progression
- Emotional distress and anxiety resulting from the added challenges of a missed diagnosis
- An overall decline in the patient’s prognosis, and in extreme cases, possibly even death
By understanding your rights as a patient, you can better protect yourself against substandard medical care. In addition, an experienced attorney can advise you on the best next steps, as well as whether you might have grounds for legal action. Once a case opens, a Bell Legal Group attorney can also help with the science-based investigation, evidence gathering, and expert witnesses needed to support your suit in court.
If you or a loved one has suffered damages as a result of a medical professional’s missed or delayed diagnosis, the attorneys at Bell Legal Group want to hear your story. Contact us today!