Failure to diagnose lawsuits are the result of medical malpractice. Injured patients bring claims against health care professionals, such as doctors and nurses, as well as providers, including hospitals. When medical professionals or providers fail to correctly identify an illness, despite the presence of the relevant signs and symptoms, it may lead to the disease getting worse and cause substantial harm.
Not every missed diagnosis is the result of malpractice, so the case must demonstrate that the doctor deviated from the accepted standard of care, leading to the error. A qualified medical malpractice attorney could help. Meet with a Katy failure to diagnose lawyer to learn more.
Elements of Medical Malpractice
Establishing liability in medical malpractice cases that result from failure to diagnose requires proving that the four required elements are present, and those include duty of care, breach of duty, causation, and damages.
Duty of Care
Duty of care is the healthcare professional’s obligation to provide a qualified level of medical care and treatment to a patient. It also includes demonstrating that an established doctor-patient relationship existed, meaning the patient sought and received treatment from the medical professional.
Breach of Duty
Breach of duty is the provider’s negligent actions, causing a breach in their legal obligations to act as reasonably and prudently as any competent medical professional would. Failure to diagnose cases may result from the following:
- Misinterpreting the test results
- Neglecting to recognize and evaluate the symptoms adequately
- Failing to refer the individual to a specialist despite the symptom being present
- Failure to order the necessary diagnostic testing, such as blood work or imaging scans
- Inadequate communication with the patient or dismissing their concerns without proper analysis
- Delayed diagnosis or misdiagnosis, despite signs and symptoms, causing the patient unreasonable harm
Establishing the breach requires showing that any other health care provider in a similar field would have acted differently in similar circumstances.
Causation
Causation, or cause, can often be the most challenging element to establish. The claim must show a direct link between the doctor’s failure to diagnose the disease or illness and the injuries the patient suffered. It must show that the mistake caused the patient’s condition to worsen, and any other reasonably prudent provider would have acted differently.
Damages
Evidence of actual damages is the last component. It entails demonstrating that an earlier diagnosis would have led to effective treatment, thereby preventing the plaintiff’s illness from worsening and incurring additional financial losses.
Damages may include increased medical expenses, lost pay or future earning capacity, physical pain and suffering, anxiety, depression, or other forms of emotional distress. A Katy attorney who is experienced in failure to diagnose cases could ensure that all necessary components are in place to move forward with a claim for damages.
Requirement for an Expert Report
Filing a civil action for medical malpractice in the state requires seeking a written statement from an expert in the same or a similar field of medicine. Under Texas Civil Practice & Remedies Code § 74.351, the purpose of the affidavit is to review the case and advise that they found cause for a medical malpractice claim.
The patient and a failure to diagnose lawyer in Katy must serve the affidavit on the doctor they are filing the case against within 120 days after they initiate legal action in civil court, allowing time for the doctor to file their response to the claim. The court will dismiss cases without hearing them if the parties fail to adhere to this statute, leaving them with no other options to obtain a settlement from the defendant.
Meet With a Seasoned Failure To Diagnose Attorney in Katy Today
When a medical professional, such as a physician or nurse, fails to provide an acceptable standard of professional care, there may be grounds to file a claim for damages. The case must demonstrate that a mistake occurred because the doctor neglected to follow professional standards, and that, if the patient had visited a different provider, another outcome would have resulted.
These cases are challenging and require more steps than other personal injury lawsuits, including obtaining an expert report to confirm that malpractice happened and giving the defendant time to file their response in civil court. Call today to schedule a consultation with a compassionate and skilled Katy failure to diagnose lawyer to review your case and learn more.