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Failure To Diagnose Lawyers
When people are not treated with the usual degree of care, they can sue their practitioners for failing to diagnose the injuries. Medicine is a science, but it isn’t perfect. Finally, one of the most important aspects of medical malpractice claims is that doctors make mistakes and that individuals are injured as a result of no fault of their own. These people and their families deserve appropriate compensation for these avoidable errors.
Texas Personal Injury Lawyers is a professional and compassionate legal practice firm dedicated to assisting you. We think that communicating with you helps us achieve the greatest results possible for your case. That’s why we devote time to getting to know you and your requirements. You are a member of the team at Texas Personal Injury Lawyers, therefore we operate on a contingency fee basis. We don’t get compensated until you do.
Call us at (888) 997-2148 to learn more about a possible failure diagnosis lawsuit.
What To Know Before You File A Failure To Diagnose Lawsuit
Proving a missed diagnosis or failure diagnosis means gathering records, identifying expert witnesses, filing legal papers, and taking on hospitals, their lawyers, and their own medical experts. You don’t have to do it alone. If you believe your medical team made a mistake and a failure to diagnose has occurred, call Texas Personal Injury Lawyers for experienced legal support. We should be your first choice if you feel that your medical team made a mistake because we have many years of combined experience handling failure to diagnose cases. Every stage of the way, we’ll walk you through the process of submitting your claim.
The Statute Of Limitations For A Failure To Diagnose Lawsuit
Once a diagnosis goes wrong, you have a short amount of time to file a lawsuit. The statute of limitations on your case is determined by the state where you reside and your specific circumstances. We can assist you in determining whether or not you are qualified for legal assistance.
What Is A Contingency Fee?
When a lawyer works on a “contingency fee” basis, they enter into an agreement to receive a pre-determined proportion of any money won through your lawsuit to cover their legal expenses. You don’t have to pay the attorney if there are no monetary gains from your undiagnosed condition. If you win your case, we will.
What compensation Can I get From A Misdiagnosis Lawsuit?
Compensation is determined by the victim’s specific experience and life situation. The courts will give compensation depending on the circumstances of the victim’s trauma. Types of compensation available include:
Keeping A Doctor Accountable For A Failure To Diagnose, Misdiagnosis, Or Delayed Detection
To show that a failure to diagnose, misdiagnosis, or delayed diagnosis was malpractice, you must first establish that there was a doctor-patient relationship, the physician did not provide adequate medical care, the doctor’s negligence truly harmed you, and you were injured as a result of his or her negligence. In order to determine if a doctor delivered adequate medical treatment, you must consider what the doctor did or failed to do in order to reach a failure to diagnose, misdiagnosis, or delayed diagnosis. Texas individuals who have been injured by a misdiagnosis can seek legal counsel from a misdiagnosis lawyer at Texas Personal Injury Lawyers.
Differential diagnosis is a concept in medicine that refers to the process of determining how to treat a patient. This is a whole procedure for identifying the disease or condition of a person. The doctor starts by making a list on paper of all conceivable illnesses. These are supposed to be arranged in order of their relative likelihood of occurrence for each individual. After the initial examination, additional observations, detailed inquiries, and ordering tests are used to test each diagnosis’s strength. In certain circumstances, it may be necessary to refer the patient to a specialist. As the doctor continues down the list, various possibilities can be eliminated until only one remains at the end.
In general, in a medical case where the correct diagnosis was never included in the doctor’s differential diagnosis list or when the doctor failed to do suitable tests or ask pertinent questions in order to check whether the diagnosis is correct or not, you must show that the wrong diagnosis was never considered. You must demonstrate that a comparable type of doctor in similar situations would have included it or done better testing or asked wiser questions.
You must also show that your condition worsened due to the doctor’s negligence in failing to diagnose you, misdiagnosing you, or delaying diagnosis and that this was a contributing factor to your poor treatment. For illustration, a patient with lung cancer who is not diagnosed in time because of a misdiagnosis or delay may go through Stage IV or die as a result of progression. A missed diagnosis the first time might also raise the likelihood that the disease will recur.
Although the differential diagnosis technique is generally used to reveal a pattern in many cases, an outside mistake may prevent a patient from being correctly diagnosed. For example, lab tests might be wrong, or samples might have been mislabeled. In certain situations, technicians overlook something on a pathology slide or scan. In order to be compensated, you must show that the experts or other responsible parties were negligent.
In Texas, you have just two years from the date you discovered or should have recognized that your medical care was harmed by negligence to bring a claim. In cases of mistaken diagnosis, misdiagnosis, or delayed diagnosis, this time limit might be challenging. The majority of patients are unaware that they have been harmed by malpractice right away. You should seek the advice of a professional as soon as you detect a problem.
Working With Texas Personal Injury Lawyers
Your doctor is concerned with your health. They don’t want you to suffer. Hospitals and attorneys, on the other hand, are more concerned with their bottom line. They will try to pay you as little as possible, no matter how much you suffered. Texas Personal Injury Lawyers defend those who have been misdiagnosed.
Do You Have A Case For A Failure To Diagnose Lawsuit?
If you or a family member was misdiagnosed, or not diagnosed at all, seek advice from an experienced and reputable attorney before attempting to submit a claim. It does not necessarily imply that you have a claim for failure to diagnose if your doctor has missed detecting a disease. In order for you to win this sort of claim, the medical professional must have been negligent. Even massive errors may be permitted under the law. Because of this, experts will need to be able to testify that the medical professional did not use the usual standard care in order for a malpractice claim to be based on failure to diagnose. Call us—we know how the laws work and can help you decide what your next actions should be.
What Is Failure To Diagnose?
When a doctor or other healthcare provider fails to recognize a group of symptoms that suggest a serious problem, this is known as failure to diagnose. Failure to diagnose a potentially devastating illness or condition can result in serious pain and, in some cases, death. Not every medical mistake necessitates a lawsuit. Some of the circumstances that do are:
- Not referring a patient to a specialist
- Misinterpretation of lab test results
- Not investigating potential causes of symptoms that are reported
- Not properly consulting with the patient about their symptoms
- Missing a chance to screen for a particular medical condition
- Not properly following up with patient
Conditions That Are Often Undiagnosed Or Mistreated
While there are no hard and fast rules in legal medicine, some illnesses are misdiagnosed more frequently than others, and they are more likely to require legal action. These problems include, but are not limited to:
- Breast cancer
- Colon cancer
- Lung cancer
- Heart attacks
- Lymph node inflammation
- Fetal distress
- Staph infection
Seek Representation From A Failure To Diagnose Lawyer In Texas
Texas Personal Injury Lawyers represent individuals in Texas who have been injured or suffered as a result of a diagnosis failure by their health care provider or the hospital’s negligence. We serve people in Texas at our law firm. Call us at (888) 997-2148 for a free consultation with a Texas misdiagnosis lawyer.
Call us at (888) 997-2148, there is no charge for your first case evaluation.
We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.