Serious medical conditions often start as localized chronic pain or a change in a person’s motor skills. When presented to a doctor, those symptoms must undergo a differential diagnosis that eliminates the probable causes until the underlying condition is properly diagnosed and a course of treatment is provided.
Unfortunately, there can be a significant gap between when patients present their symptoms and when a doctor prescribes treatment. When that misdiagnosis leads to injury or a fatality, the patient and their loved ones are entitled to seek a remedy.
That misdiagnosis falls into the category of medical malpractice. This is a complex area of personal injury law that requires an experienced Louisville failure to diagnose lawyer. The attorneys at Thomas Law Offices have successfully litigated these types of claims. We understand what it takes to prove negligence and can support our clients in helping them navigate a tragic situation.
Alarming Statistics
A doctor is not infallible. Even with years of education, training, and residency, there is still a probability that they could make a mistake. Part of the reason is that many different diseases can initially present with the same symptoms. For instance, the common cold and the flu can have similar symptoms. The hope is that the doctor can correct the course towards the proper treatment. Unfortunately, a late diagnosis can lead to severe complications.
Recently, Johns Hopkins Medicine compiled the results of a study on diagnostic errors, which found that there were 795,000 instances of these errors in hospital- and clinic-based settings. The report went on to detail that “the resulting national estimate of 371,000 deaths and 424,000 permanent disabilities reflects serious harms widely across care settings, and it matches data produced from multiple prior studies that focused on diagnostic errors in ambulatory clinics and emergency departments and during inpatient care.”
Of course, not every course of treatment is going to result in a positive outcome, but that doesn’t automatically mean there is a misdiagnosis. If there is a suspicion of a misdiagnosis, you will need the support of a Louisville failure to diagnose lawyer to assess the case. It will require an objective review by medical experts to determine the liability of a medical professional.
Examples of Missed or Delayed Diagnosis
There are 10,002 practicing physicians in Kentucky. That is according to data collected by the University of Kentucky College of Medicine. The vast majority of those medical professionals provide exemplary care. However, when a misdiagnosis occurs, it can lead to devastating outcomes. The following are some of the common examples of a failure to diagnose:
Strokes and Heart Attacks
A stroke can occur at various levels of severity. They are also a leading cause of disability and death. A stroke misdiagnosis can be a failure to recognize that a stroke is happening at the moment or happened earlier. It is crucial to identify a stroke and implement treatment.
Emergency Room Malpractice
Emergency rooms can be hectic environments. The Centers for Disease Control and Prevention reports over 139.8 million visits to the emergency rooms each year. At any given time, the ER staff could be dealing with dozens of patients with multiple ailments and injuries. This scenario can lead to misdiagnosis or delayed treatment, including failing to recognize a heart attack.
Cancer
The most effective treatment for any ailment is early intervention. That is especially true with a cancer diagnosis. There are many types of cancers that, if caught in the early stages, can be potentially cured. Failing to spot the cancer can give it a chance to spread until it becomes inoperable.
Diagnostic Tests
No matter what type of ailment a patient is dealing with, a diagnosis can’t be made without tests. However, there is a wide range of tests that would be applicable to a particular ailment. A doctor could skip ordering one of those relevant tests. There could also be issues with failing to interpret the tests correctly. In other scenarios, a test could be ordered too late, or there might be a need for ongoing tests that haven’t been ordered. Any one of those situations can lead to complications for the patient.
Medical History
A patient’s medical history is essential to providing a correct diagnosis. That history is more than any past ailments. It should also consider environmental factors, such as the workplace. A doctor and their staff must collect their patient’s medical history to support any future diagnosis.
Second Opinion
In complicated medical conditions, it is recommended that doctors consult other medical professionals to confirm a diagnosis. This proactive step can support the patient. If a doctor makes all the diagnostic decisions independently, they could increase the risk of a misdiagnosis.
The following are examples of misdiagnosis conditions that could lead to severe injury:
- Cancer
- Aneurysms
- Heart attacks
- Strokes
- Blood clots/DVTs
- Pulmonary embolisms
- Infections
- Ectopic pregnancies
- Heart defects
- Cardiac issues
- Meningitis
- Birth injuries
Establishing a Doctor’s Negligence
When your Louisville misdiagnosis lawyer takes on your case, they need to establish that negligence resulted from a misdiagnosis. These are the four core elements of negligence that need to be documented:
Duty of Care
It needs to be established that the healthcare professional alleged to have misdiagnosed a condition had a direct relationship with the patient filing the claim. In other words, you couldn’t sue a doctor you spoke with at a party who offered a medical opinion. On the other hand, if the doctor is someone who examined you and offered recommendations, then they owe you a duty of care to provide a reasonable standard of care.
Breach of Duty of Care
The failure to diagnose is an example of a breach of duty of care. It means the doctor did not honor their responsibilities to provide that reasonable standard of care.
Causation
The causation occurs when the misdiagnosis leads to further complications that result in disability, the need for additional surgery, or a fatality. In other words, the injury directly results from the failure to diagnose.
Damages
A patient is entitled to recover the economic and non-economic damages caused by the misdiagnosis. These can include all medical expenses, lost wages, and pain and suffering. In cases of wrongful death, there can be a remedy for lost companionship and future earning support.
How a Louisville Failure to Diagnose Lawyer Builds a Case
The four elements of negligence become the foundation for the medical malpractice case. However, the case is won or lost based on the strength of the evidence that your medical malpractice attorney collects. That evidence can include the following:
- Medical records
- Expert reports
- Testimony from the patient
- Social media evidence
- Employment records
- Friends and family testimony
When that information has been collected, it will be reviewed by an objective medical practitioner to examine the validity of the claim. That professional will need to provide a certificate of merit based on the regulations established by the Kentucky legislature. That certificate will support the assertions in the diagnosis claim.
Getting Help from Thomas Law Offices
In Kentucky, the statute of limitations for bringing an action against a medical practitioner is one year. That requires fast action to gather the evidence, facilitate the certificate of merit, and move forward with the claim. The team at Thomas Law Offices has years of experience handling these types of cases. We understand how challenging it is to make a claim against a doctor who might have been taking care of you for years.
We would only recommend moving forward if there is a strong case for a misdiagnosis injury. That determination can only happen after we’ve heard your story and reviewed your evidence. Call to set up a consultation to get the process started. Our Louisville failure to diagnose lawyer is standing by to help.
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