Picture of Michael Anzalone

Failure to Diagnose Illness Malpractices

Law in medical malpractice seeks to make sure patients receive always efficient treatment, which entails a competent assessment of medical problems, and plan for a suitable course of care based on the condition of the patient.

When physicians neglect to offer an accurate or proper diagnosis, law of medical malpractice enables parents to receive compensation for any harm as a result.

Patients must show proof of three basic elements to file any viable claim of medical malpractice for failure to diagnose, or misdiagnosis, such as: the error of a physician increased to a level of negligence; a relationship between physician and patient existed at the time of the alleged diagnosis error; and the patient sustained injuries due to the negligence of the physician.

Duty of Care, and Relationship of Physician and Patient

This is a relatively simple requirement.

When a physician examines a patient or offers treatment, a physician and patient relationship is normally established. There is no contract written necessary.

Physicians are stipulated to offer competent care that is reasonable anytime they are in the capacity as physicians, which includes diagnosing and identifying likely health problems properly.

Physicians behave negligently when they do not offer the quality of care which other competent doctors reasonably would have offered if circumstances were similar.

Usually, expert testimony is required.

Usually through a medical malpractice lawyer, the patient hires a physician with experience in this kind of medical dilemma within the case at issue.

The physician offers an opinion in regards to what a reasonably competent physician would’ve done under similar circumstances.

When an improper diagnosis is entailed, generally, the expert will offer an explanation regarding the “differential diagnosis” which a competent physician reasonably would have concluded.

A physician, to achieve this, compiles a list of all likely medical problems, which could be the result of the symptoms of the patient.

Then the physician conducts necessary tests on the patient, to rule out a host of possibilities until a diagnosis that is definitive can be determined.

Once a patient shows proof of the health standard of treatment that a competent doctor reasonably would’ve achieved, the patient must show proof that the physician neglected to achieve a similar standard.

Physicians may neglect to accomplish a standard of care when it comes to diagnosis in several of the following ways:

A physician may neglect to entail a crucial likely medical problem on the primary list of differential diagnosis.

A physician may improperly interpret or conduct a test, which could result in a mistake to narrow down any possibilities.

A physician may neglect to identify the urgency of one of the likely medical issues, to delay the diagnosis.

A nurse may neglect to provide proper diagnostic medication, which can alter the response of a patient to medication, and lead the physician to assess wrong conclusions.

In order to prove negligence, whether physicians made an error or crucial mistake, patients must show proof of the standard of care which competent doctors reasonably would’ve offered under circumstances that are similar.

Contact us for a free consultation or call Anzalone Law Firm PLLC, at: 603.548.3797

Client Reviews
★★★★★
Great lawyer...Professional, organized, caring and effective. Michael is very informative and was always willing to explain the reasons behind what was being done. Can't say enough about how helpful he was every step of the way. It was really nice to feel like I actually understood what was going on with my case.