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When a patient seeks treatment from a healthcare provider, the provider must make determinations about the condition they are suffering from and its symptoms. This determination is crucial to a patient’s ability to recover from their ailment and to the medical professional’s ability to provide proper and timely treatment.
If a healthcare provider fails to correctly diagnose your or your family member’s condition, they may administer inaccurate or ineffective treatments that fail to remedy the condition or create more issues. An experienced Cherry Hill failure to diagnose lawyer could help evaluate your claim and determine your potential legal options. Let a seasoned medical malpractice attorney at our firm help you understand your rights in this unfortunate situation.
When is a Failure to Diagnose Considered Medical Malpractice?
A failure to diagnose may be considered medical malpractice when it leads to injuries or illnesses that were preventable if the healthcare professional acted in accordance with the applicable standard of care.
A patient could be diagnosed with many different conditions based on their symptoms. For this reason, in cases where a medical provider did everything to identify a condition, but the process took a long time due to its rarity or not being easily recognizable, it is unlikely that the healthcare professional would be found negligent. On the other hand, if a doctor fails to act within the standard of care required for a medical provider, they could be found liable for malpractice.
While every case differs, there are some common factors that could qualify a doctor’s failure to diagnose as medical negligence, including:
- Failing to acknowledge potentially serious conditions indicated by symptoms
- Ignoring or dismissing some or all symptoms
- Failing to act immediately when symptoms are urgent
- Improper or incorrect testing or interpretations of test results
- Failing to order or conduct tests required by certain symptoms
To establish medical malpractice, it is necessary to show that a doctor or other healthcare professional acted negligently, carelessly, or wrongfully in failing to diagnose a patient’s condition and thereby caused them to suffer undue injuries or damages. In most cases, proving this requires the testimony of another doctor to help establish that the actions or inaction were not reasonable in the given circumstances. A well-versed Cherry Hill attorney on our team understands the elements necessary to effectively prove a failure to diagnose claim.
Obtaining Compensation after a Doctor’s Failure to Diagnose
When a healthcare provider fails to properly diagnose or otherwise recognize and treat a medical issue in a timely manner, the resulting injuries or illnesses could be severe or even deadly. An affected patient could be entitled to compensation for any losses they sustained as a result of a failed diagnosis.
Examples of damages that might be awarded in malpractice cases based on a failure to diagnose include:
- Medical bills
- Cost of future medical care
- Lost wages
- Reduced or lost future earning capacity
- Pain and suffering
- Permanent or long-term disability or disfigurement
- Loss of consortium
Deadline to File a Failure to Diagnose Claim in Cherry Hill
The deadline, or statute of limitations, for filing a failure to diagnose case is generally two years, according to New Jersey Revised Statutes §2A:14-2. However, many factors could extend or shorten this time frame. A well-versed failed medical diagnosis lawyer could help a patient understand how the statute of limitations applies in their case and ensure all documents are filed in a timely manner.
Contact a Cherry Hill Failure to Diagnose Attorney Today
Failing to diagnose an illness, disease, or other ailment could cause severe injuries, prolonged illnesses, and even death in some cases. Unfortunately, these claims have many complexities, mainly because it is necessary to establish that your medical provider’s actions were negligent or wrongful. A knowledgeable Cherry Hill failure to diagnose lawyer understands what is necessary to prove a case and seek the compensation you deserve for a medical provider’s negligence. Call our team today to get started with your claim.