Can I Sue a Doctor for Failure to Diagnose?

Doctors are the backbone of the healthcare system, striving to alleviate suffering and bring healing to their patients. This noble profession is anchored on the core principle of doing no harm to patients. 

Despite their sincere intentions, they are not immune to human errors. They can make mistakes, including failure to diagnose, which can exacerbate an existing condition or even create a new one, triggering various patient responses. 

“Some victims consider the prospect of suing their doctor as fundamentally wrong, while others are not even aware they have the right to do so. However, the reality remains – you can sue if you've been wronged,” says attorney Russell J. Berkowitz  of Berkowitz Hanna Malpractice and Injury Lawyers. 

Failure to Diagnose as Medical Malpractice

Failure to diagnose occurs when a healthcare professional fails to understand a patient's condition. Unlike misdiagnosis, which involves providing an incorrect diagnosis, failure to diagnose is a complete omission of identifying the ailment. 

Failure to diagnose can lead to the progression of undiagnosed conditions, causing harm to the patient. 

For example, if a patient's symptoms suggestive of cancer are ignored or not thoroughly investigated, the patient's condition could worsen, leading to severe consequences that could have been prevented with timely diagnosis.

Why You Need to Sue

Even when you feel your doctor intended well, you may still want to exercise your legal right to sue. One primary reason to proceed with a lawsuit is to recover damages, especially if the failure to diagnose results in life-altering consequences. 

Filing a suit can also contribute to improving safety standards, as it serves as a deterrent to healthcare providers. Remember that in most cases, liability is deflected to the insurer, so the doctor is not personally harmed financially.

Steps to Take When Suing

Start by meticulously gathering evidence. This could include medical records, prescription histories, and any documentation related to your interactions with the healthcare provider. A clear timeline of events can often provide compelling evidence. 

From there, it is advisable to get a professional opinion. Consult with another healthcare provider to establish substantial grounds for your suspicion. This professional would later serve as an expert witness to validate your claim.

Avoid discussing your case with the defendant, their lawyers, or the insurer, as it could harm your lawsuit. Instead, report the failure to diagnose to the relevant health boards and legal authorities. The information you provide could prevent similar incidents from happening to others.

Why You Need a Lawyer

Medical malpractice cases, especially those involving failure to diagnose, can be complex and require a deep understanding of medical and legal principles, and that's where a lawyer comes in handy. 

A critical aspect of your case is demonstrating the doctor's negligence or divergence from standard practices. For instance, you will need to demonstrate the doctor's failure to ask pertinent questions about your symptoms or to send the blood test to the correct lab. 

Remember, doctors are likely to have seasoned lawyers defending their actions. Consequently, having your own legal counsel can level the playing field, ensuring your voice is heard and your rights are protected. 

Recoverable Damages

If successful with a failure to diagnose a claim, you are entitled to economic damages, which cover monetary costs like medical expenses and lost wages, and non-economic damages, which compensate for pain, suffering, and loss of enjoyment of life. 

In rare cases, punitive damages may apply for egregious conduct. It's important to consider that some states limit the amount of non-economic and punitive damages.