A failure to diagnose injury occurs when a health practitioner does not diagnose the symptoms and signs where it was possible to diagnose and treat soon.
Medical errors account for the death of over 250,000 people every year and come third among the leading causes of death in the United States. Medical errors include misdiagnosis and failure to diagnose. Surprisingly, that’s higher compared to the number of deaths caused by stroke, and accidents.
For legal assistance with your failure to diagnose claim in California, call Johnson Attorneys Group at 1-800-208-3538 today.
Common Conditions Medical Professionals Fail to Diagnose
- Heart Attack
Can You Lay a Legal Claim for Failure to Diagnose?Medical malpractice, in this case, failure to diagnose can be a reason for laying a legal claim. However, just because a doctor failed to diagnose your condition or didn't offer the proper diagnosis doesn't mean that you're guaranteed of a solid negligence case against your doctor. The Californian law is not outright on holding the medical professional accountable for failure to make proper diagnosis all the time. It only requires that the doctors have to be in line with the proper standards of care.
If you or your lawyer can provide enough credible evidence that by failing to diagnose your illness, the doctor violated the set standards of care, then you can have a convincing claim. In most cases, they’ll demand an expert witness to determine if the health professional did indeed violate the law.
California Personal Injury Lawyers Can HelpFailure to diagnose causes the victim's physical pain & suffering lost wages due to days off work, medical costs and more. Focus on seeking medical treatment as our California personal injury attorney will help you with your legal claim and handle the matters insurance. And even if you don’t have a medical cover, our legal professionals will help you find a medical doctor.
Proving a Failure to Diagnose ClaimTo win a failure to diagnose case, your personal injury lawyer has to provide compelling evidence. First, there must have been a doctor-patient relationship and the medical professional assigned to the patient has a legal duty of care. Per the law, the medic has the skills and medical knowledge that any physician should have to attend to or diagnose and accord the necessary treatment.
By failing to diagnose either by delay or completely missing an illness as was expected, the doctor was in breach of duty. It would be a breach of duty too if the doctor failed to ask you the right questions regarding the symptoms, didn’t recognize your illness and labeled it a non-existent name, or failed to order proper tests for your illness. As such, he/she is liable for the injury, pain, suffering or even the death of the patient. Finally, the acts that amount to the breach of duty must have been the direct cause of the harm or injury to the victim.