Failure to Diagnose

A medical professional’s failure to diagnose an injury or illness can be a form of medical malpractice that has serious consequences.  The attorneys at Drake, Hileman & Davis, PC work with qualified experts in order to help you and your family throughout the entire legal process.  Contact us today.

What is Medical Malpractice?

Medical malpractice occurs when a medical professional owes you a duty of care and fails to meet that duty with the result being an injury.  Medical malpractice occurs in various forms, some can be extremely serious issues resulting in catastrophic injury and even death.

Medical malpractice claims can be particularly challenging for several reasons:

  • Proving Causation. For there to be a successful medical malpractice claim it must be shown that the medical professional’s reckless or negligent behavior led you to further injury.  This can be a difficult process and it can take a team of legal and medical experts to demonstrate that your injuries were caused by the medical professional’s malpractice.
  • Professional Bias. Medical professionals are often given the benefit of the doubt by judges and jurors.  People want to believe that medical professionals always act responsibly and that we are all being well taken care of.  We know how to manage this bias and we will work hard to ensure that your case is completely and accurately represented.
  • Resources. Medical professionals often have the legal support of insurance companies and hospitals to fight medical malpractice claims.  Therefore, it is very important for you to have your own team on your side.

Contact us today if you or a loved one has been injured while in the care of a medical professional.  An Allentown failure to diagnose attorney at Drake, Hileman & Davis, PC can work with you through the entire legal process.

Is the Failure to Diagnose a Form of Medical Malpractice?

Failure to diagnose can be a form of medical malpractice.  A failure to diagnose occurs when a patient exhibits certain symptoms of a particular illness or injury, and yet the medical professional incorrectly identifies the cause of the symptoms.

There are two major elements that must be proven to demonstrate a failure to diagnose claim:

  • Had there been a proper diagnosis, the injury would not have gotten worse.  For example, medical malpractice in the form of a failure to diagnose may occur if a patient exhibits signs of skin cancer but is told that he or she has a sunburn with the result being a spreading of the cancer.
  • It must also be shown that the medical professional acted recklessly or negligently. This generally means that it must be shown that the medical professional did not act like a prudent medical professional.  Expert testimony from other medical professionals is usually required to prove this element.

A failure to diagnose can have serious and even deadly consequences.  Remember that you should always be honest with your medical professionals and tell them everything you know about your injury or illness.  Contact us today if you believe that you or a loved one has been injured by the negligence of a medical professional.

What Should I Do if I Believe That I am Not Being Properly Diagnosed?

There are things you should do if you believe that you are not being properly diagnosed.

First, get a second opinion from another qualified medical professional.  Different professionals will have different points-of-view and degrees of experience which can help you identify the true source of your injury or illness.

Second, when working with a medical professional, it is best to keep accurate notes and records of the care being provided to you.  These records can help establish a malpractice claim in the event medical malpractice occurs.

Finally, contact an Allentown failure to diagnose attorney at Drake, Hileman & Davis, PC by calling 888-777-7098 to discuss your legal rights and options.  Time is critical and it is important for us to begin the process of securing and gathering evidence as quickly as possible.

Drake, Hileman & Davis

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