"Failure to diagnose” is the terminology employed by doctors and most often attorneys to specify when a patient has a set of symptoms that have gone undiagnosed – usually considered one of the forms of misdiagnosis. When failure leads to a diagnosis in time to treat, it’s considered a "delayed diagnosis.” However, when this failure to diagnose leads to harm or death of the patient, there are legal ramifications.
When doctors and other health care providers fall short in detecting the presence of a disease or medical condition that can lead to medical misdiagnosis, the damages that result are usually irreversible and often, deadly.
Early detection of any medical condition is critical of any patient. When your medical provider fails to adequately perform this task, not only is the patient’s likelihood for survival severely reduced, but due to this delay, the patient may have to undergo potentially more aggressive and sometimes painful forms of treatment, that could have otherwise been prevented, had the condition been diagnosed earlier. Moreover, when a physician fails to make the correct and proper diagnosis, the patient and their family are not only subjected to a greater emotional upheaval, but they must endure the financial hardships as well.
While doctors are entrusted to take care of their patients, to treat us when we are injured and sick, to maintain a certain standard of care. Unfortunately, doctors make mistakes, and when this occurs, there are usually serious repercussions. It is because of these types of injuries that the law provides a means of assisting the injured patient compensatory damages to help them with their suffering.
Medical malpractice victims have the right to file a claim against any negligent doctor or medical provider and receive monetary compensation to cover their medical bills, pain and suffering and all current and future loss of wages. Proving a medical malpractice case can often be difficult and demanding to prosecute of all civil lawsuits litigation. Finding and retaining the right medical malpractice attorney to determine whether your circumstances merit a successful medical malpractice lawsuit is of paramount importance.
Filing a medical malpractice claim in any state is extremely complex and the specific details in each case make every claim unique in its own rights.
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