Imagine enjoying an afternoon hangout with your family in a foreign country when you suddenly just…collapse. That nagging headache you’ve been having for the past few days has now made you unresponsive. It’s not like you had been neglectful, either. In fact, you’ve seen two doctors within the past week. And they were nothing but dismissive. It’s only a tension headache.
Now imagine you learning the reason for your collapse was not a tension headache at all. It was a ruptured brain aneurysm.
This is the story of Joy Malanyaon. She’s a nurse herself, actually. And this story was a severe case of failure to diagnose. Malanyaon is just one of thousands of patients who are victims of medical malpractice due to their physician’s failure to diagnose.
And here’s a little perspective for you to understand just how many people have fallen victim to medical diagnostic failures. When reviewing 25 years of US malpractice claim history, a study at Johns Hopkins University found diagnostic errors to hold the largest fraction of claims. Not surgical errors. Not prescription errors. Diagnostic errors. We’ll let that sink in.
Has your primary care physician or other medical professional failed to diagnose you? Did it lead to further complications? If so, you might have a case for medical negligence. Contact Hampton & King today to learn how you can file a claim and receive compensation for your suffering.
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What Is Failure To Diagnose?
Failure to diagnose is exactly what it sounds like. When a medical professional fails to recognize your symptoms indicate a specific illness or condition, he or she has failed to diagnose you. If the doctor fails to diagnose you, for whatever reason, he or she has failed to diagnose you. This can cause unnecessary suffering, and in extreme cases, even death.
Here are some ways a physician might act negligently in a failure to diagnose case:
- Not properly discussing and examining the patient’s symptoms
- Failing to refer the patient to a specialist when necessary
- Not screening for particular conditions that may be associated with patient’s symptoms
- Misinterpreting lab results
- Missing potential causes of reported symptoms and not investigating them further (Like a diabetes misdiagnosis, for example)
When providing care, a physician must obtain all relevant patient history, symptoms, complaints, and other physical findings in order to understand what is wrong. These things must be done before properly and accurately when diagnosing a patient.
Medical Negligence Or Honest Error?
We know what a lot of you are thinking. How do I know if my doctor’s failure to diagnose was due to negligence?
It’s important to note not every failure-to-diagnose case is due to medical malpractice. Even the most skilled and trained providers are prone to err. But when the failure to diagnose results in improper care, or even no care at all, and the patient sustains injury, it may be more than just honest error. This is where malpractice comes in.
What Leads To A Physician’s Failure To Diagnose
Is it simply because the doctor doesn’t care enough? Maybe the physician didn’t get enough sleep.
It’s hard to tell exactly what led to a provider’s failure to diagnose. However, misunderstandings and misinterpretations are the biggest culprits.
There are certain cognitive biases that surface in medicine which can impede a physician’s ability to diagnose.
This bias can lead to physicians seeing what they want to see. This is when a physician selectively gathers evidence for what they think might be going on while neglecting any other evidence.
This is very similar to confirmation bias. The difference? Anchoring bias prioritizes initial information and gives it too much weight even if it might be incorrect. Let’s say a patient with a history of diabetes comes in complaining about vision problems. A physician might use anchoring bias and blame any eye issues on the patient’s diabetes because diabetics can suffer from eye problems.
How To Navigate A Failure To Diagnose Case
A physician’s failure to diagnose can lead to severe and permanent injuries, disabilities, and even death. If you believe you or a loved one were a victim of a failed diagnosis, you may have legal recourse. But first, you must prove the failed diagnosis was due to neglect.
If the doctor followed all proper protocol, administered screenings, ordered accurate testing, and acted as any highly-trained and skilled medical professional would, you might not have a case of negligence at all.
However, if you know the doctor was neglectful in diagnosing you, pursuing a medical malpractice case can be your path to compensation and justice.
Okay so you’ve determined your failure-to-diagnose case is due to neglect. Now what?
Prepare. Gather all documents and evidence pertaining to your case. You need to clearly prove negligence and failure to diagnose were the reasons behind your injuries. Here are the documents you should start gathering:
- Your medical records
- All forms of communication between you and the provider who rendered care
- Medical bills or receipts
- Any prescriptions
Contact a lawyer. Navigating a medical malpractice case is difficult. Proving the doctor was neglectful and failed to diagnose you can be a lot of work for an experienced lawyer, let alone the patient themselves. You’ll want to seek the help of a professional attorney who has experience handling failure-to-diagnose cases.
Don’t delay. Most medical malpractice cases have a strict statute of limitation. You have 2 years to file your claim. Failing to file within the allotted time can keep you from receiving the compensation you deserve.
If you’ve gathered all your evidence, great! On to the next step.
Your claim must establish or show the following:
- Duty. The medical provider had the duty to provide you with proper patient care. That includes correctly diagnosing you.
- Breach of duty. All medical professionals have a standard of care they must follow with every single patient. If they failed to perform up to that standard, there was a breach of duty.
- Cause. The actions (or lack thereof) of the medical provider directly caused you harm.
- Damages. You suffered damages because of the provider’s neglect. This can include lost wages, medical expenses, pain and suffering, and more.
My Doctor Won’t Help Me FAQ’s – Quick Answers Section
How can I seek compensation on behalf of a family member who died due to failed diagnosis?
If failure to diagnose leads to death, you might want to file a wrongful death lawsuit on behalf of the deceased patient. Speaking to an experienced lawyer can help you determine exactly what kind of file to claim.
What is the difference between a misdiagnosis and failure to diagnose?
Many people often categorize the two together, but they are different. A misdiagnosis is when a doctor thinks one thing is happening and diagnoses you with it when in all actuality you have a completely different condition. Failure to diagnose is when a provider does not diagnose you at all.
How much compensation can I expect?
It is difficult to estimate the amount of money you might receive as compensation is very case-specific. Your attorney can help you determine an estimated value.
Having a doctor tell you you’re completely fine when in actuality aren’t is not okay. We understand the toll a failed diagnosis can take on your wellbeing. We encourage you to contact our team of professional lawyers today. The consultation is on us! Together we can help determine the best course of action for your case.