A failure to diagnose can have a devastating impact on the health of the victim and the victim’s life overall. For that reason, victims and their families should be familiar with what is considered a failure to diagnose and how the legal system can protect victims of medical malpractice.
What is a failure to diagnose?
A failure to diagnose can occur in several different ways. It can be the result of a misdiagnosis, a delayed diagnosis or an erroneous diagnosis. All can have significant and negative consequences for victims. If they are misdiagnosed, they may not receive the medical treatment and care that they need. They may also receive medical care and treatment that they do not need that can harm them. Victims of a delayed diagnosis may not receive the medical care and treatment they need in time and victims of an erroneous diagnosis, or failed diagnosis, may not receive any medical care or treatment at all.
Medical malpractice protections for victims
When a victim suffers from a misdiagnosis, delayed diagnosis or erroneous diagnosis, legal protections may be available to help them with their damages. Generally, if the victim suffers a disease progression beyond what would normally be expected had their medical condition been timely and properly treated, they may have a claim for damages.
A medical malpractice claim for damages, brought against the negligent medical care provider responsible for the harm suffered by the victim, may be able to help them with their physical, financial and emotional damages as they cope with the consequences of medical malpractice.