Young African American woman speaking to her doctor

What is Failure to Diagnose?

Understanding Failure to Diagnose and Medical Malpractice

“Failure to diagnose” is a legal term referring to a form of medical malpractice in which a doctor did not take the proper steps to determine the scope of a patient’s medical problem. For example, a patient may have an underlying condition and display many symptoms — and the physician fails to recognize the connection between the symptoms and the patient’s underlying condition.

Read on to learn more about the steps patients can take in pursuing a medical malpractice claim for failure to diagnose.

Steps to Take in a Failure to Diagnose Claim

Before taking legal action in a failure to diagnose medical malpractice claim, it’s critical to understand who can be held liable and the proof you will need.

Who Can Be Held Liable in a Failure to Diagnose Claim?

Besides your doctor, other parties can be involved in the failure of your diagnosis, including nurses, hospitals, and other medical care facilities. When it comes to naming multiple parties in a medical malpractice claim, it’s critical to enlist the help of an attorney to examine your case to determine who may be held liable for your injuries.

What Type of Proof Do I Need?

In addition to medical expert testimonies, It’s critical to provide sufficient evidence supporting your failure to diagnose medical malpractice claims. Here are some examples of what you may need to provide:

  • Medical records
  • Doctor’s notes
  • Documentation from second opinions
  • Witness testimony/statements
  • Photographs or video documentation of your injuries
  • Email, voicemail, or other correspondence relating to your injuries

Harmed by a Medical Professional? We Are Here For You.

Medical professionals are expected to perform the standard of care when treating patients. However, when healthcare professionals provide substandard medical services and cause injuries to you or a loved one, you have the right to seek compensation. Our team of medical malpractice lawyers has extensive experience and will fight to ensure you receive justice. We are here to protect your rights and help you get through a difficult time.

Contact Gatti, Keltner, Bienvenu & Montesi, PLC today at (901) 526-2126 to schedule a free consultation and learn how we can help you.