Failure to Diagnose or Treat
Failure to do Routine Screenings or Additional Testing
Doctors have an obligation to reasonably treat patients. When they fail to make an obvious diagnosis or fail to treat a patient when they should, they can be responsible for the damages that occur. One of the more common types of medical malpractice claims involves the failure to diagnose cancer. These cases can be extremely sad because the patients frequently die. Obviously, just because a patient gets cancer does not mean that a doctor is negligent. However, if the doctor fails to advise patient that there is cancer after a scan suggests it, or if the doctor fails to perform a biopsy when circumstances warrant one the doctor can be responsible for the failure to diagnose cancer.
Many doctors and patients routinely screen for cancer, because it is such a worrisome disease. Doctors who detect something that looks like it could be cancer should do additional testing, like a biopsy, in order to determine whether or not a mass might be cancer.
Failure to Diagnose Malpractice
Of course, doctors may fail to diagnose many other conditions negligently. Doctors and other medical providers are responsible for their negligence in failing to make any diagnosis, not just cancer. To the extent that the failure to make the diagnosis caused additional to the damage to the plaintiff, the plaintiff has a cause of action against doctor or medical provider for the loss. Misdiagnosis can include things like an improper examination, the failure to order appropriate testing, misinterpreting test results, or failing to perform regular screening. Doctors of patients at high risk for a particular condition should screen for that condition. Medical malpractice claims for failure to diagnose can include allergic reactions, compartment syndrome, stroke, heart disease, diabetic reactions, pulmonary embolism, bacterial meningitis, among others.
Claims for Failure to Diagnose or Treat Need Aggressive Representation
People who have had the doctor fail to diagnose their disease, or fail to properly screen for one need aggressive representation. Doctors and other medical providers take these cases extremely seriously and lawyer up immediately. While a victim may be able to handle their own personal injury case, if it is simple, or workers compensation claim, if it is simple, in our experience medical providers do not settle cases with patients who do not have lawyers.
It Takes Time to Manage Medical Malpractice Cases Effectively
We take the time to manage medical malpractice cases appropriately, as opposed to some lawyers who just try to settle the claim as quickly as possible. In medical negligence cases, we will frequently hire expert witnesses, including a doctor who will explain to the jury, if necessary, how the patient was injured. We conduct exhaustive investigations of the injury and hire appropriate experts to help our clients. We may hire an economist to explain the monetary loss, including lost wages, and medical bills, and the future economic loss that the patient can be expected to incur.
If you or a loved one has suffered an injury as a result of the malpractice of a doctor or medical provider, Ackerman Law Office is available to help you. Call us at (217) 789-1977. We believe injury victims should be able to afford an attorney so we handle these claims on a contingent fee with free initial consultations. All of our clients get prompt action and personal attention. See what our clients have to say on our Client Reviews page.