My Doctor Missed My Diagnosis, Now What?

Failure to diagnose is an established form of medical malpractice. In fact, diagnosing an illness in a timely and accurate manner is one of the services that a doctor owes their patients. A great deal of the time that doctors spend at medical school is dedicated to refining their diagnostic techniques, as this is one of the most important services that they offer to any patient that comes into their office.

When It's Malpractice and When It's Not

Physician malpractice claims that involve a failure to diagnose an illness constitute approximately 45% of all of the claims that are brought every year. Obviously, many individuals suffer because of this and seek compensation from a jury award or settlement.

You have to use common sense in determining whether or not a physician failing to diagnose an illness was actually an instance of malpractice. For example, if you hadn't been to the doctor in quite a while, and they had no opportunity to examine you thoroughly, you cannot expect them to have diagnosed the disorder. Or, if your condition required a lot of detailed laboratory testing, and you did not consent to those tests, the doctor may not have all the information needed to make a diagnosis. A doctor can only do their job if they are given all of the relevant information.

On the other hand, in instances where a doctor had every opportunity to notice that there was a problem and where they failed to do so, may constitute medical malpractice. If they didn't notice the shadows on a chest x-ray, or they didn't notice a heart murmur that led to a greater problem, there may be a chance that you could win a medical malpractice case if you chose to file against them.

Contacting a Lawyer

Finding a Dallas medical malpractice lawyer that can handle your claim starts by sitting down with them for a free consultation. This is a service that attorneys who work on contingency offer to their clients. The attorney will need to go through the specifics of your situation and see if it is likely that medical negligence played some role in the doctor's failing to diagnose you. If they believe that this is the case, they may advise you to go ahead and take legal action against that doctor to receive compensation for pain and suffering.

If you would like to learn even more about protecting your legal rights when facing medical mistakes, request Jeff's informative e-book today!

Inside his FREE book, The Epidemic of Medical Mistakes & Understanding Your Rights, Dallas personal injury attorney Jeffrey Rasansky explains the types of medical malpractice and negligence and your legal rights.

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