Failure to Diagnose Medical Malpractice: Understanding Your Rights

In the medical field, timely and accurate diagnoses are essential to effective treatment. When healthcare professionals fail to diagnose a condition, the consequences can be severe, leading to worsened health, prolonged suffering, or even death. At Conley Griggs Partin LLP in Atlanta South Georgia, we are dedicated to supporting victims of diagnostic errors, helping them pursue justice and compensation when medical malpractice occurs.

What Constitutes a Failure to Diagnose?

Failure to diagnose occurs when a healthcare provider does not identify a condition in a timely manner, causing delayed treatment or no treatment at all. This can happen with a wide range of illnesses, including heart disease, cancer, infections, or strokes, where immediate action is often critical. Medical malpractice arises when the failure to diagnose is due to negligence, meaning the healthcare provider did not meet the established standard of care.

According to a study by Johns Hopkins, diagnostic errors are responsible for about 10% of patient deaths and are the leading cause of medical malpractice claims, contributing to around 34% of claims with high-severity injury outcomes. Common scenarios in which failure to diagnose may occur include dismissing symptoms, not ordering appropriate tests or misinterpreting test results.

Key Elements of a Medical Malpractice Claim for Failure to Diagnose

For a failure to diagnose to be considered medical malpractice, certain legal criteria must be met:

• Doctor-Patient Relationship: There must be a clear relationship between the patient and healthcare provider, establishing the duty of care that the provider owes to the patient.
• Deviation from the Standard of Care: The healthcare provider must have acted in a way that deviates from the accepted standard of care. For example, if a doctor does not order necessary diagnostic tests based on the patient’s symptoms, this could be considered a deviation.
• Injury or Harm Resulting from the Delay: The patient must have suffered harm due to the delayed diagnosis. This could include a worsening condition, additional treatments, or unnecessary pain and suffering.
• Proof of Causation: The patient must show that the delay in diagnosis directly led to their harm. This often requires expert testimony to establish that the healthcare provider’s actions caused the injury.

Common Examples of Failure to Diagnose

There are numerous instances where failure to diagnose has led to severe health outcomes. For instance:

• Heart Attacks and Strokes: Failure to diagnose cardiovascular symptoms can lead to untreated heart attacks or strokes, conditions that require immediate intervention.
• Cancer: Missed or delayed cancer diagnoses are among the most common and devastating cases, as early detection often determines the effectiveness of treatment.
• Infections: Serious infections, such as sepsis, need prompt treatment to prevent life-threatening complications. Failure to diagnose these infections can quickly lead to critical health issues.

Seeking Compensation for a Failure to Diagnose

Victims of failure to diagnose may be eligible for compensation, including costs for medical treatment, lost wages, pain and suffering, and, in tragic cases, wrongful death. Pursuing these claims can be complex, requiring detailed medical records and expert testimonies. At Conley Griggs Partin LLP, our legal team has experience navigating the complexities of medical malpractice claims, ensuring our clients understand their rights and options.

If you or a loved one has suffered due to a delayed or missed diagnosis, Conley Griggs Partin LLP is here to help. Contact us at our office in Moultrie or Atlanta, GA, for a free, no-obligation consultation to discuss your case, and let us provide the support and guidance you need to pursue justice