When a medical professional is negligent and harms a patient, this is medical malpractice. Sometimes, however, a medical professional can harm a patient indirectly, such as by failing to diagnose a health condition. This kind of harm may also be considered medical malpractice, and it can be just as devastating to a patient.
You or a family member may be a victim of failure to diagnose a health condition. If so, you may be able to hold the medical professional or their employer accountable and recover compensation. A Dundalk failure to diagnose attorney from our firm can help.
When Is Failure to Diagnose Medical Malpractice?
A doctor failing to diagnose you with an ailment does not automatically mean they are guilty of medical malpractice. For failure to diagnose a condition or ailment to be considered medical malpractice, the medical professional must have acted negligently in some way. In other words, they must have acted differently than another doctor would have acted in the same situation, and their actions must have caused you direct harm.
Some examples of situations in which failure to diagnose may be considered medical malpractice include:
- The doctor failed to take the necessary steps to determine the nature of your medical problem.
- The doctor did not make a logical connection between your symptoms and your condition.
- The doctor did not live up to the proper standard of care that all doctors owe to their patients.
Additionally, the failure to diagnose your condition must lead to damages, such as additional or worsened symptoms or other harm that you would not have suffered if the doctor had diagnosed your condition properly.
Get in touch with a failure to diagnose lawyer serving Dundalk, 410-547-0202 for a free case evaluation.
How do You Hold a Medical Professional or Facility Accountable for Your Damages in a Failure to Diagnose Case?
You may find it difficult to hold the liable party accountable and recover compensation on your own. The medical professional, the medical facility, their insurer, and their lawyers may try to deflect responsibility toward you, diminish your damages, prevent you from collecting important evidence, or try another tactic to stop you.
A medical malpractice lawyer from our firm can protect you from those tactics and protect your rights, including your right to understand why you weren’t properly diagnosed. To hold the liable party accountable and recover your due damages, your lawyer will also:
- Valuate your damages so the insurer will know their worth
- Investigate your case for you and communicate with all parties on your behalf
- Develop a theory as to why you weren’t properly diagnosed
- Collect evidence to support the theory
- Corroborate the evidence with witness and expert statements
- Establish the medical professional’s negligence and the facility’s liability
- Negotiate with the insurer or argue your case to a court
Collecting and Corroborating Evidence
Despite the other parties’ attempts at impeding your case, your Dundalk failure to diagnose lawyer will pursue evidence. Depending on your case, this evidence may be in your consultation records, evaluations, prescriptions, or test results. For example, your test results may indicate a lab technician made an error in interpreting the results of a test.
To back up their findings, your lawyer will also seek testimonies from any witnesses and relevant experts. For example, a medical expert may be able to help you and your lawyer explain a diagnosis error.
To prove the medical facility in your case is liable, your lawyer will have to establish that the facility was negligent. This entails showing that:
- A doctor-patient relationship existed between you and the negligent medical professional
- The doctor failed in their responsibility to act in a careful, reasonable manner
- This failure in responsibility resulted in a failure to diagnose a health condition
- The failure to diagnose resulted in damages
What Damages Can You Collect in a Failure to Diagnose Case?
Your incident may have had serious consequences for you. You may have a severe medical condition you couldn’t treat early enough and therefore have to endure painful and costly treatments.
You deserve compensation for your medical condition and other damages. You may be able to claim:
- Pain and suffering
- Mental anguish
- The medical expenses you’ve incurred and may incur in the future because of the failure to diagnose
- Expenses for therapies you need, like chemotherapy or physical therapy
- Income you can’t earn due to your worsened condition
- Lost earning potential and any other disability-related damages
Wrongful Death Damages
If you lost a family member due to a failure to diagnose a health condition, you may claim wrongful death damages on behalf of your loved one. In a wrongful death claim or lawsuit, you could claim any medical bills your loved one incurred and any pain and suffering your loved one experienced. You can also claim your family’s damages, such as loss of companionship and loss of financial support.
What You Need to Know About Filing a Failure to Diagnose Lawsuit in Dundalk
If you’re considering filing a medical malpractice lawsuit, you must meet the filing deadline, or statute of limitations. This deadline is the earlier of either five years from the date of your incident or three years from the date of your discovery of a failure to diagnose, according to Md. Cts. & Jud. Proc. § 5-109.
Alternatively, if you’re considering a wrongful death suit, you’ll have to meet the filing deadline of three years from the date of the loss of your loved one, per Md. Cts. & Jud. Proc. § 3-904.
Your Dundalk failure to diagnose lawyer will help you meet the deadline for your lawsuit.
About Our Dundalk Medical Malpractice Lawyers
For help with seeking compensation, turn to our firm. One of our Dundalk medical malpractice attorneys can take over your case, handle the other parties involved for you, hold the responsible party accountable, and seek fair compensation.
Our team is experienced in medical malpractice cases like yours, so we know exactly how to handle your case and pursue your due compensation. With over 137 years of combined experience, our team has the experience you need in your legal representation. Over our years in practice, we have received numerous recognitions, including a 10.0 rating from Avvo. We’ve also recovered many millions of dollars for our clients.
Since our attorneys work on a contingency basis, our clients pay nothing unless we recover compensation for them. Our clients’ initial consultations with us are free, too.
Contact Brown & Barron Today for Your Free Consultation With Our Law Firm
If you believe you should have one of our firm’s lawyers on your team, contact us at Brown & Barron. We’ll set you up with your free consultation. During your consultation, we’ll provide a case review and any advice you need about proceeding with your case.
If you decide to proceed by hiring one of our Dundalk failure to diagnose attorneys, you’ll be able to leave your case entirely in your lawyer’s hands. Contact us today for your free consultation.
Contact Brown & Barron online today to schedule a free case review with a with a failure to diagnose lawyer serving Dundalk.