What is a failure to diagnose?
When medical professionals fail to diagnose an injury or illness, the consequences can be severe and irreversible. This failure can include not only a missed diagnosis but also a delayed diagnosis and a wrong diagnosis. In all cases, a failure to diagnose means that the medical condition goes untreated or worsens, in some cases beyond the point at which treatment would have been effective. A failure to diagnose can also mean that a patient receives treatment that is inappropriate or harmful. This is why a failure to diagnose is considered medical malpractice.
What victims of a failure to diagnose can do
In general, when a misdiagnosis results in a worsened condition for a person beyond what would have normally been expected of their disease progression, they may have a claim for damages. A claim for medical malpractice may help the person to recover compensation for the physical, financial and emotional damages resulting from the failure to diagnose.
A medical malpractice claim for damages can also help hold a negligent medical care provider accountable for any harm their negligence caused. While some may hesitate to file such a claim, in some cases doing so may be the best or only way to recover the compensation needed to pay for the sometimes-significant expenses associated with a medical malpractice event.