Aventura Failure to Diagnose Lawyer

You presented to your care provider with clear symptoms of illness or injury. They may even have done scans and tests that should have established the extent of your condition. In spite of all of it, however, your provider failed to diagnose your condition—and that meant delays in treatment. If you suffered damages because your care provider failed to properly diagnose your condition, an Aventura failure to diagnose lawyer could help you pursue compensation for your losses. Our medical malpractice attorneys are ready to prepare your case.

Establishing Grounds for a Failure to Diagnose Claim

In order to file a failure to diagnose claim, several factors must hold true.

Doctor/Patient Relationship

In order to file a claim against a specific care provider, the injured patient must show that they had a doctor/patient relationship with the care provider. That, in turn, establishes that they had the right to expect treatment from that provider.

Deviation from the Standard of Care

In some cases, symptoms can present oddly, or a diagnosis can prove tricky. An Aventura failure to diagnose attorney will work with a medical expert to establish that under the same circumstances, when presented with the same symptoms, another care provider would have accurately diagnosed the condition.  A good tip to remember is worst/first.  A doctor should always try to rule out the worst and most time sensitive conditions, first.

Damages

As part of a failure to diagnose claim, a lawyer establishes that the patient sustained damages because of the care provider’s negligence. Sometimes, even if the care provider initially diagnosed the wrong condition, the patient will recover normally, with few complications. Other patients, however, can sustain significant damages, including:

• Significantly increased medical costs, including additional diagnostic and treatment costs, because of delays in treatment
• Lost time at work while struggling to diagnose and treat the condition
• Increased suffering, including a longer road to recovery or increased symptoms due to delays in treatment
• Death, or loss of a bodily function

Establishing the damages allows the injured party to file a claim for compensation.

How Failure to Diagnose Occurs

Failure to diagnose a medical condition can occur for several reasons:

• Cognitive bias: A care provider who has a bias against a patient—including bias due to age, gender, or race—may inaccurately diagnose their condition.
• Lack of knowledge: In some cases, a care provider might not have knowledge about a specific condition, and may fail to do the research needed to establish the patient’s symptoms.
• Failure to send for consultation: When a care provider does not understand or recognize a patient’s symptoms, they may need to send them to an expert in a specific field. Failure to do so can lead to diagnostic errors.
• Misinterpretation of results: In some cases, a care provider may not look at test results correctly or may not interpret the results accurately.
• Chaotic healthcare environments: Understaffing and poor organization can contribute to diagnostic errors.

An Aventura lawyer could help identify the reason for the lack of diagnosis and how it contributed to the patient’s losses.

Contact an Aventura Failure to Diagnose Attorney

If your care provider failed to diagnose your illness or injury, despite a clear presentation of symptoms, you may have suffered significant damages and losses because of their negligence. An Aventura failure to diagnose lawyer could assess your case, give you more information about the compensation you may deserve, and help you file a claim. Reach out to Kaire & Heffernan today for a free consultation.