Doctors undergo years of schooling and extensive training to provide them with the skills needed to provide competent care, which includes accurately diagnosing their patients. Doctors do not always provide care that complies with their education, however, and in some cases, a doctor will miss a diagnosis. When a doctor advises a patient that he or she is in good health when the patient is actually suffering from an illness or condition that the doctor missed, it can cause grave harm. If you sustained damages due to a missed diagnosis, you may be able to recover damages. The dedicated Cape Cod medical malpractice lawyers of the Law Offices of John C. Manoog, III, are adept at helping injured parties pursue damages in medical negligence lawsuits, and we will tirelessly advocate on your behalf. We have over fifteen decades of collective experience navigating the Massachusetts court system, and our skillful representation has allowed us to recover numerous multi-million dollar settlements and verdicts for our clients.What is a Missed Diagnosis?
Generally, a patient will either visit a doctor to determine the cause of symptoms or for a routine check-up. Regardless of the basis for a treatment appointment, the doctor is required to assess the patient's medical history, current health, vital signs, and any other information needed to obtain an accurate diagnosis. If a doctor fails to thoroughly interview or examine a patient, or note the significance of certain symptoms or lab results, it can lead to a missed diagnosis. A missed diagnosis is not an inaccurate diagnosis. Rather, a missed diagnosis occurs when a doctor does not provide any diagnosis and advises the patient that he or she is healthy. When a doctor misses a diagnosis, it can lead to a worsening of the illness or condition affecting the patient, and may cause new issues to arise. In some cases, the harm caused by a missed diagnosis is significant, such as when a doctor fails to diagnose a patient with cancer or a heart or neurological condition.Pursuing a Malpractice Claim Following a Missed Diagnosis
In most cases, a patient pursuing a medical malpractice claim in Massachusetts will assert that his or her doctor was negligent. To prove negligence, the patient must show that the doctor breached the applicable standard of care. In a medical malpractice case, the standard of care is the care that a competent doctor with similar training and skills practicing in the same specialty would have provided in the same situation. Thus, in missed diagnosis cases, the issue of whether the doctor breached the standard of care will likely turn on whether the doctor should have performed diagnostic tests, referred the patient to a specialist, or asked additional follow-up questions which would have led to an accurate diagnosis.
Once a patient establishes a doctor breached the standard of care, the patient must then prove that the breach caused the patient to suffer actual harm. In other words, the patient must show that he or she suffered an injury, illness, or other damages that he or she would not have suffered, had the doctor issued an accurate diagnosis in a timely manner. In most cases, the patient will have to retain one or more medical experts to establish the standard of care and to show how the departure from the standard of care caused the patient’s harm. A knowledgeable medical malpractice lawyer can help you identify and work with an expert qualified to testify in your case.Damages You May Be Owed Following a Missed Diagnosis
A missed diagnosis can lead to substantial financial and emotional damages. If you were harmed by a missed diagnosis, you may be able to recover the cost of any medical bills arising out of any treatment you needed, which can include surgery, therapy, medications, and out of pocket costs. If you were unable to work due to your illness or injury, you may be able to recover damages for your loss of earning capacity. In addition to compensation for your economic harm, you may also be awarded damages for any pain and suffering caused by your missed diagnosis. If you were married at the time of the missed diagnosis, your spouse may also be able to pursue a claim for damages.Speak with a Capable Medical Malpractice Lawyer in Cape Cod
A missed diagnosis can cause significant harm that can permanently impact a person’s life. If you sustained damages due to a missed diagnosis, you can speak with an attorney regarding what compensation you may be able to pursue. The proficient legal team of the Law Offices of John C. Manoog, III, have the knowledge and experience needed to help you seek a successful outcome. We have a history of recovering favorable results on behalf of our clients, including many settlements and verdicts in the millions. We represent people in medical malpractice cases in Cape Cod, and we can meet for consultations in Plymouth and in Hyannis. We can contact us at 888-262-6664 or via our online form to set up a meeting. Nós Falamos Português.