Misdiagnosis and Failure to Diagnose
Serious Injury or Wrongful Death Caused by a Misdiagnosis or a the Failure to Diagnose
One of the most common issues of patients being misdiagnosed involves doctors not correctly diagnosing that the patient has cancer. Cancer is one of the leading causes of death in the United States and the world. There are hundreds of different types of cancers and there are seemingly countless reasons why people develop cancer. Because of this broad range, doctors often misdiagnose and fail to diagnose cancer and other harmful diseases. If you live in Dallas and have suffered from a physician misdiagnosing your illness or failing to diagnose your ailment, you may have a claim against the doctor for medical malpractice.
Does Simply Misdiagnosing or Failing to Diagnose Constitute a Lawsuit?
Frankly, no. There are numerous reasons why a doctor may fail to correctly diagnose your illness or your family member's illness. The illness may be challenging to correctly diagnose, or the illness may actually appear to be something entirely different therefore misleading the physician.
Many different illnesses have the similar symptoms which often mask themselves as other health issues. If your doctor at Medical City in Dallas has no reason to believe that you may be suffering from cancer, then they are probably more likely to believe that your weakened immune system is caused by a parasite you contracted while on vacation outside of the country. Many diseases which cause immune deficiencies have similar symptoms of cancer and can easily be misdiagnosed. This does not automatically mean that your doctor is liable for failing to correctly diagnose your illness.
Other times diagnosing illnesses is done as a process of elimination. For example, MS is incredibly difficult to diagnose and can really only be established by eliminating other illnesses as being the cause of the patient's symptoms. But the longer you wait to diagnose MS, the worse symptoms can become and sometimes the patient suffers severe debilitation due to the illness.
Just because your doctor failed to properly diagnose your ailment correctly the first time, it does not mean that they can be financially responsible for all of your resulting damages. The requirement for proving negligence is much greater and has a greater standard of evidence.
So When Is My Doctor Liable for Failing to Properly Diagnose My Disease?
The question is not did the doctor fail to diagnose or misdiagnose an illness, but rather did the doctor deviate from the normal standard of care. This is the standard for proving negligence and medical malpractice in misdiagnosis and failure to diagnose.
For example, if you have previously suffered from cancer your doctor should be more cautious in diagnosing your ailment. Let's say you had breast cancer years ago and are now suddenly experiencing kidney problems, there is a great chance that you might have developed cancer again. If your physician at Baylor Hospital fails adequately perform tests to determine if this is a relapse of cancer, they could be liable for your damages by failing to use a greater standard of care.
Incorrect Diagnosis Due to Negligent Testing
One of the most negligent actions which a doctor may be held liable for is if the testing used to diagnose cancer or another illness. Often this involves botched blood work or improper biopsies. This might mean that the doctor failed to correctly diagnose that you had cancer, or it may even mean that the doctor diagnosed you as having cancer, when in fact you did not actually have cancer. If a doctor negligently performs these tests and results in an injury, the court may hold them responsible for your damages caused by this misdiagnosis.
If your doctor has acted negligently and failed to diagnose your illness or actually misdiagnosed your ailment, then they may be liable to you or your family for medical malpractice. There are thousands of doctors in Dallas who make mistakes every day. Some mistakes are not caused by any fault of the physician, but other mistakes are solely caused by your doctor's negligence and lack of care. To learn more about your potential medical malpractice claim, call Grossman Law Offices at 1-855-326-0000.
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