In the world of medical malpractice, one of the most common things that happen is a failure to diagnose a condition. In other words, this is misdiagnosis.
When it comes down to the nuts and bolts of medical malpractice lawsuits, those that are filed relating to a failure or a delayed diagnosis mainly occur with colon, breast or lung cancer, appendicitis or heart attacks. These are not the most often missed diagnoses either. They are, however, conditions that cause the most devastating and rapid damages.
Other commonly misdiagnosed conditions are hypertension and diabetes, but these aren't always as rapid as the other conditions we've just mentioned. In terms of dollar awards from the court, hypertension and diabetes misdiagnoses don't have the same potential high value as colon, breast or lung cancer, appendicitis or heart attacks.In a recent study relating to medical malpractice lawsuits and misdiagnosis, it was revealed that roughly 51.7% of ER related malpractice suits were filed over misdiagnosis, failure to diagnose, or delayed diagnosis. To break these stats down just a bit further, the study showed that 1.7% of ER med mal lawsuits related to delayed diagnosis, 20% dealt with failure to diagnose (meaning no diagnosis) and approximately 30% of the cases revolved around misdiagnosis or wrong diagnosis. Overall, in terms of dollars awarded for med mal lawsuits in this area, 30% of the money handed out was in relation to lawsuits that related to heart attacks.
Let's take a closer look at failure to diagnose a condition. This is considered to be medical malpractice and can also include delayed diagnosis. In some medical situations, a delay allows the underlying disease to advance to a point where nothing may be done about it. For example, if a doctor is dealing with cancer and fails to diagnose it the first time, it may mean the difference between life and death for the patient. The figures show that close to 40% of all medical malpractice claims are the result of failure to diagnose some condition or another. This failure to diagnose is considered to be a negligent action and is often eligible for compensation from the courts.
The bottom line is that the physician has a duty to be able to identify symptoms and signs of various diseases. When a doctor runs across things he or she is not able to pinpoint, it is their responsibility to figure out what is causing the clinical signs and symptoms. If the patient has a high risk to develop certain conditions, their risk needs to be monitored. If on top of being a high risk patient with something the doctor isn't able to identify, there is also a failure to diagnose or delayed identification, the patient is not going to get early treatment.
The interesting thing about medical malpractice is that insurance companies may also play a part in a failure to diagnose situation. They do so by not allowing testing and any follow-up medical care. What makes this interesting is that because insurance companies have started acting like doctors, they have been hit with just about double the number of med mal claims within the past few years. For instance, cancer is hard to diagnose, and doctors have been under fire for failing to get the diagnosis right. On the other side of the fence are the insurance companies who have been handing out money for the failure to diagnose cancer as compared to other claims.
The bottom line is that failure to diagnose has the potential to be deadly for the patient caught in the middle of the system and a doctor who isn't able to be of much help. If you suspect that you or a family member is involved in a situation like this, make it a point to contact a skilled medical malpractice attorney and discuss your concerns. While every failure to diagnose is not always the foundation for a med mal lawsuit, it is best to talk to an attorney who will make sure your legal rights are preserved and then you will know what options are open for you to pursue.
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