Failure to Diagnose Lawyers
Advances in modern medicine have helped to increase the human lifespan, ward off disease, and treat conditions that were previously thought fatal. And the foundation of any medical treatment is dependent on a proper and accurate diagnosis. Doctors must order the right tests, the tests must be performed correctly, and the tests must be interpreted correctly. However, it is an unfortunate reality that every time you or a loved one goes to a hospital, you run a serious risk of medical misdiagnosis. Even a delayed diagnosis can result in catastrophic injury and loss.
Doctors and medical providers are required to abide by a standard of care. When this standard of care is deviated due to a misdiagnosis, a failure to diagnose, or a delayed diagnosis, it is the patient that suffers.
We handle Medical Misdiagnosis cases concerning:
- Coronary artery disease
- Heart attack
- Infections and sepsis
- Breast Cancer
- Lung Cancer
- Prostate Cancer
- Cervical Cancer
- Ovarian Cancer
- Testicular Cancer
- Pulmonary Embolism
There are different kinds of medical misdiagnosis. Most commonly, medical misdiagnosis involves a wrong diagnosis completely. A patient is at the biggest risk in this situation because treatment is directly affected by the medical condition the patient is suffering from. The wrong diagnosis could also involve diagnosing a person with a condition whose symptoms are actually side effects of a medication they are taking.
Medical misdiagnosis can also result from a physician’s failure to identify the specific subtype of a patient’s condition. In cases of minor illness, such as the common cold, identification of a condition’s subtype is not necessary. But in other cases, such as those involving heart problems or diabetes, failure to identify a subtype can be a serious and life-threatening concern. Each patient is unique, so it is important that the doctor understand enough about the patient’s ailment.
Besides a specific subtype, medical misdiagnosis can also involve a failure to identify the underlying cause or secondary condition that a patient may be suffering. This underlying cause might actually be the real cause of the condition that has been diagnosed. A patient’s health can suffer as a result of inappropriate or inadequate treatment in these cases.
In other circumstances, the medical misdiagnosis is related to under-diagnosed or over-diagnosed conditions. This negligence on behalf of the doctor can be extremely dangerous to the well-being of the patient because they are either diagnosed with a condition they do not have or are not diagnosed with a condition they truly have.
A misdiagnosis or a delayed diagnosis can be disastrous, especially in conditions involving cancer or heart disease. It can lower the quality of a life and can even lead to death. If you or a family member has been injured as a result of a doctor’s failure to properly diagnose a medical condition, contact the medical malpractice attorneys at Zayed Law Offices. We will vigorously pursue your claim through personal injury claims, medical malpractice claims, and wrongful death claims.
Contact us today for a free case evaluation.
Medical malpractice is a term used to describe conduct that deviates from the applicable standard of care. A standard of care is a generally a minimum level of care that should be exercised by a health care provider. A standard of care requires healthcare providers to exercise the same degree of knowledge or care that a reasonably careful healthcare provider would use. Violations of a standard of care occur when a healthcare provider does something that a reasonably careful provider would not do or when a provider fails to do something that a reasonably careful provider would not do.
Once the doctor-patient relationship has been established, the healthcare provider must adhere to the applicable standard of care. A patient bringing a medical malpractice claim must show that the healthcare provider breached the applicable standard of care, that the breach caused injury, and that the breach caused the patient’s injuries.
Prosecuting a claim for medical malpractice can be time consuming, complicated, and costly. Contacting an attorney who has a proven track record of excellence is an essential part of bringing a successful medical malpractice claim.
Very often doctors undertake risky procedures without any guarantee of success, and a bad result alone is not evidence of medical malpractice. One of the most solid grounds for suspicion of medical malpractice is when the results of a procedure are widely unexpected. It is important to look into any suspicions of medical malpractice, and this is best done by contacting an experienced medical malpractice law firm. An experienced medical malpractice attorney will review the records of healthcare professionals and may order additional tests and exams.
In the event of medical malpractice, health care providers can be held responsible as well as the institutions they are affiliated with. An experienced medical malpractice attorney will be able to identify ALL parties who are responsible.
Two years is the general time limit for filing suit for injury or death in Illinois. However, there are many nuances that apply to medical malpractice statutes of limitation. The statute of limitations for medical malpractice lawsuits is from one to seven years depending on the facts of the case. It is best to contact a personal injury attorney in order to consult with an attorney who will guide your case through the gauntlet of applicable statutes of limitations.
One of the most important things to do in the event of a suspected medical malpractice is to avoid outright accusations toward your healthcare provider. Make sure that you request your medical records and then consult an experienced medical malpractice attorney to review the records and provide guidance on your potential cause of action.
Signing a consent form means you have acknowledged that there are known risks associated with your medical treatment. A signed consent form does not mean that you have consented to medical treatment below the applicable standard of care owed by all healthcare providers to their patients.
Amounts recovered from medical malpractice lawsuits are generally not taxable.
All patients have a legal right to obtain a copy of their medical records. These requests should be made in writing and must include details like the patient’s social security number, address, date of birth, etc. Requesting medical records can be very timely and may require payment of fees to the records department providing the records.