Failure To Diagnose

Misdiagnosis Lawsuits & Failure to Diagnose

About 33% of all filed malpractice claims from 2013 to 2017 were related to missed or delayed diagnosis. An incorrect or late diagnosis could result in unnecessary treatments or a patient not receiving proper treatment soon enough.

Get a free consultation to learn more about potential compensation from a misdiagnosis lawsuit. Call the Kemmy Law Firm at (830) 264-6297 or reach out online.

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The Kemmy Difference

We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client.

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What’s the Difference?

Although they sound similar, misdiagnosis and failure to diagnose are different. Both may be grounds for a medical malpractice claim or lawsuit.

What Is a Misdiagnosis?

Misdiagnosis occurs when a patient with one medical condition is diagnosed with another disorder that they do not have. As a result, patients receive treatment that they do not need, resulting in additional or worsened medical issues in the future.

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Example of a Misdiagnosis

An emergency room patient complains about chest pains. The doctor incorrectly diagnoses heartburn when it is really a heart attack. Instead of acting quickly to minimize damage to the patient’s heart muscle, the doctor recommends antacids and a visit to a gastrointestinal doctor.

What Is a Failure to Diagnose?

Failure to diagnose occurs when a medical professional does not diagnose or takes too long to make an accurate diagnosis. The consequence of failure to diagnose malpractice is a patient failing to receive proper or even life-saving treatment.

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All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.

Example of Failure to Diagnose

A patient expresses concern about chronic abdominal pain. The doctor fails to order tests. In the absence of diagnostic testing, the patient is later diagnosed with cancer that could have responded to treatment.

Common Reasons for a Misdiagnosis or Delayed Diagnosis

A misdiagnosis or delayed diagnosis can happen when a physician fails to:

Recognize clinical signs and symptoms
Order diagnostic tests
Refer patient to a specialist or peer for a second opinion
Misinterprets test or lab results
Take the patient’s health complaints seriously
Obtain the patient’s complete health history, including risk factors due to age or genetics

A patient can receive an incorrect or delayed diagnosis if the practitioner is impaired by drugs or alcohol or is too busy to spend appropriate time.

Commonly Misdiagnosed Medical Conditions

Pain that feels like heartburn could be a sign of a heart attack. It might also be the result of overeating or eating spicy food.

Symptoms alone might not be enough for a doctor to reach an accurate diagnosis. That is why physicians, specialists, and other medical professionals should act with due diligence to avoid misdiagnosis or a delayed diagnosis.

According to Prevention magazine, the five most commonly misdiagnosed health conditions are:

Sleep Apnea Misdiagnosed with Depression

Sleep apnea symptoms – a sleep disorder that interrupts breathing – are similar to depression. Both conditions involve disturbed or lack of sleep, lack of energy, sadness, or hopelessness.

Celiac Disease Confused with IBS

The symptoms for celiac disease – a digestive disorder triggered by a reaction to gluten – mimic those of IBS or Irritable Bowel Syndrome. The National Foundation for Celiac Awareness estimates that over 80% of Americans with celiac receive an incorrect or delayed diagnosis.

Lyme Disease and Multiple Sclerosis

Doctors often diagnose patients with multiple sclerosis rather than the accurate Lyme disease diagnosis. MS is a progressive disorder in which patients benefit from early treatment, so a delayed or incorrect diagnosis is particularly harmful.

Rheumatoid Arthritis Mistaken for Fibromyalgia

Fibromyalgia is a chronic disease characterized by whole-body pain, including painful, swollen joints. Patients with this disease are often misdiagnosed with rheumatoid arthritis.

Strokes and Migraines

Doctors who only consider a migraine’s common symptoms – limb numbness, difficulty speaking, and blurred vision – fail to accurately diagnose a stroke. Each moment for a misdiagnosed stroke victim has life-threatening consequences.

When a Misdiagnosis or Delayed Diagnosis Is Malpractice

Because many conditions have similar symptoms and even the most thorough doctor can make a mistake, not all misdiagnosis or delayed diagnosis is malpractice.

Medical malpractice is a legal term describing an act or omission by a medical professional that deviates from the accepted medical standard practice.

The National Institutes of Health describes “the four Ds” for acts or omissions defined as medical malpractice:

Duty of care owed to patients based upon accepted standards of care.
Dereliction of this duty of care in some manner, either through recklessness, negligence, or omission.
Direct cause resulting in injury, illness, or death to the patient.
Damages are the economic and non-economic losses suffered by the patient – or their loved ones – due to their injury, illness, or death.

Compensation for Misdiagnosis or Failure to Diagnose

If a medical error or negligence caused you or a loved one to become ill or injured (or if it worsened an existing medical condition), you could recover compensation.

A medical malpractice lawyer helps you seek financial recovery for damages such as:

Medical care and treatment – both current and future
Lifecare or long-term care
Prescriptions and medical devices
Lost pay
Reduced earning capacity
Pain and suffering
Diminished quality and enjoyment of life
Loss of consortium
Wrongful death
- Collect medical records, test results, and other evidence of medical treatment
- Review previous malpractice claims or complaints
- Secure expert testimony
- Interview witnesses

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Can You Sue a Doctor for Misdiagnosis?

When a doctor fails to diagnose a condition that someone with the same or similar education and background would identify under similar circumstances, you can sue for medical malpractice.

Medical malpractice cases involving misdiagnosis or failure to diagnose are complex. As the plaintiff (the injured party), you must show liability or wrongdoing. However, an experienced misdiagnosis malpractice lawyer can collect evidence, documentation, and testimony to help you recover the compensation you deserve.

Call Today for a Free Consultation

Sometimes the best way to hold a negligent doctor accountable is with a misdiagnosis or failure to diagnose lawsuit.

Call the Kemmy Law Firm at (830) 264-6297 or reach out online to schedule a free, no-risk consultation. You pay nothing up front, and we are paid only when you recover compensation.

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