We trust doctors to accurately assess our health and abide by rigorous standards when identifying and diagnosing disease. If a doctor fails to diagnose a condition, the delays and lack of treatment can cause further injuries and even death as the condition gets worse without awareness. Conditions that are easily treatable and avoidable can cause catastrophic damage if left unknown and unmanaged.
If you or a loved one has suffered adverse health effects due to a doctor’s failure to diagnose, contact the attorneys at Marks & Harrison. You could be entitled to financial compensation through a medical malpractice lawsuit, as failing to diagnose a medical condition may constitute medical malpractice.
We have recovered millions for our clients, including some of the largest settlements in state history. Our satisfied clientele has many positive things to say about our legal skills and our dedication to serving justice. We have experience managing medical negligence claims and will work to hold all liable parties accountable.
Let our team help you seek financial compensation for any losses you have suffered due to a healthcare provider’s negligence. Contact us today to speak to a Richmond failure to diagnose lawyer.
What Is a Failure to Diagnose?
A failure to diagnose is exactly what it sounds like: when a doctor either fails to initially diagnose a patient with a condition they have or doesn’t make a timely diagnosis. A failure to diagnose can exacerbate already existing injuries and, in the worst case, make them untreatable due to the delay.
What Are Some Examples of a Richmond Failure to Diagnose?
Here is an example of a failure to diagnose: A patient gets blood work performed, but the doctor misreads the results and doesn’t notice the presence of cancer metabolites. Time passes, and the patient develops stage four leukemia. In this case, the doctor may be liable for failure to diagnose because they demonstrated a lack of care and professional competence when reading the patient’s blood work, causing the cancer to progress and get worse.
Other injuries/conditions a doctor might fail to diagnose include the following:
- Heart attacks
- Strokes
- Diabetes
- Pulmonary embolisms
- Infection
- Spinal cord injuries.
How Do Failure to Diagnose Errors Happen?
Failure to diagnose injuries and errors normally happens when a doctor is negligent and does not abide by current accepted medical standards for identifying and diagnosing medical conditions.
For instance, a doctor might neglect to administer a certain test for a disease, or they may misinterpret imaging results and lab work. Medical professionals fail to diagnose conditions for several reasons ranging from substandard training to being pressured for time. Doctor inattentiveness may cause them not to notice symptoms during physical examinations or fail to consider a specific condition from the symptoms.
Effectively, a failure to diagnose error happens when there is a lapse in standard medical practice.
How Is a Failure to Diagnose Different Than a Misdiagnosis?
A misdiagnosis is when a doctor diagnoses the incorrect condition, but a failure to diagnose is when the doctor doesn’t diagnose anything at all. Many of the causes of misdiagnoses are the same as failures to diagnose, as they stem from medical negligence and substandard care practices. One key difference is that in misdiagnosis cases, the patient may have received unnecessary treatment for the false condition that could have also exacerbated their actual condition.
Is Failure to Diagnose Medical Malpractice?
Yes, in many cases, a failure to diagnose is a type of medical malpractice: a healthcare provider’s negligent failure to provide treatment in line with what a similarly trained and experienced professional should offer under the circumstances. As such, a doctor’s medical malpractice insurance should cover failure to diagnose claims.
If My Doctors Fail to Diagnose My Illness, Do I Have a Valid Claim?
Whether you have a valid claim depends on the reason your doctor failed to diagnose your illness or condition. Doctors can sometimes miss a diagnosis through no fault of their own.
To have a claim, you must specifically show that a patient/doctor relationship existed; the doctor deviated from accepted standards of care; and that a competent doctor in a similar position would not have made the same mistake. For this reason, failure to diagnose claims often rests on expert testimony regarding current medical practices for approaching diagnosis and ruling out medical conditions.
The law holds doctors to a higher standard of care than others due to the nature of their profession. Breaching that duty can open them up to legal liability.
What Types of Compensation Could Be Available in a Richmond Failure to Diagnose Lawsuit?
Depending on the scope and severity of your injuries, you may be able to recover compensation in a failure to diagnose lawsuit for the following:
- Any medical care, future medical expenses, and lost future income resulting from the failure to diagnose.
- The physical pain and conscious suffering you experienced, as well as any quality-of-life reductions.
- Loss of financial support and emotional anguish due to wrongful death.
Many states limit non-economic compensation (compensation for the personal rather than financial losses associated with the injury) in medical malpractice cases. However, Virginia is somewhat unique in that it limits both economic and non-economic compensation in medical malpractice claims. The current caps on medical malpractice damages are found at Va. Code § 8.01-581.15. They are subject to yearly increases.
Is There a Deadline for Filing a Failure to Diagnose Lawsuit in Virginia?
Virginia’s general statute of limitations for medical malpractice is two years, but there are exceptions for some injuries related to a failure to diagnose. Code of Virginia 8.01-243C3 puts the statute of limitations on failure to diagnose a tumor, cancer, or non-cancerous tumor at one year from the date the patient discovered their condition. One year is a short period. So, you should speak to a medical malpractice attorney to start building your case.
Contact a Richmond Failure to Diagnose Attorney
The consequences of a doctor’s failure to diagnose can be life-altering. If you’ve suffered adverse health effects as a result, the attorneys at Marks & Harrison can help you pursue the compensation and accountability you deserve. We have been serving Virginia for over 100 years with our team of knowledgeable lawyers and support staff. Send us a message online or call our firm today for a free consultation with a Richmond medical malpractice attorney.
