In 2013, Johns Hopkins researchers found that diagnostic errors - such as failure to diagnose - accounted for the largest fraction of medical malpractice claim payouts. Diagnostic errors also resulted in the most severe patient harm and the highest total penalty payouts.
In fact, Doctor David E. Newman-Toker at Johns Hopkins School of Medicine argues that diagnostic errors could easily be the biggest patient safety and medical malpractice problem in the United States.
What Is Failure to Diagnose?
Failure to diagnose occurs when a doctor is negligent or fails to take the steps necessary to determine the nature of your illness, which then causes you harm. This is because failure to diagnose can lead to incorrect or delayed treatment being administered, or even no treatment being administered at all.
There are various types of medical diagnostic errors, of which failure to diagnose is one. Other types of diagnostic errors include:
Any of these medical diagnostic errors have the potential to injure, disable, or even cause death.
Causes of Failure to Diagnose
Common reasons for failure to diagnose include:
Statistically, the incidence of failure to diagnose is higher in emergency settings. This is due to the increased time pressure that doctors are under, which results in them having less time to investigate each patient adequately and draw up an accurate differential diagnosis.
Because of the nature of human error, the law doesn’t hold doctors as legally responsible for all diagnostic errors. So, for you to pursue a medical malpractice lawsuit, you need to prove that a failure to diagnose occurred. This is done by you proving that:
It is important that you consult a medical malpractice lawyer when pursuing a medical malpractice lawsuit such as this, as there are many difficulties associated with failure to diagnose cases.
This is because proving a doctor’s failure to diagnose can be very difficult for a multitude of reasons. Some of these reasons include the fact that:
If you believe that you or a family member may have experienced failure to diagnose, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today and speak to one of our medical malpractice attorneys.
When you are ready to talk, we are ready to listen. Call 1-212-697-9280 for a free, confidential consultation.
Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."
The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.
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