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Delayed Diagnosis Attorney | Medical Malpractice Lawsuit


Delay in diagnosis lawsuit against doctor or hospitalAll too often a delay in the diagnosis of a serious illness or medical condition caused by the medical malpractice of your doctor  results in an  tragedy. A misdiagnosis takes place when the is a delay in the correct diagnosis of a patient due to the failure of a medical professional to act in a manner consistent with his or her professions. The failure to conduct necessary tests after warning signs of an illness are a major contributing factor to tens of thousands of patient death each year. Monetary compensation is a legal right for those who have suffered due to the delayed or missed diagnosis of an illness by their doctors, medical specialists, or hospitals. Common causes of a delay in diagnosis include the failure to perform an adequate medical history, failure to perform a physical examination, the incorrect interpretation of a diagnostic test, and failure to order an appropriate consultation. Our medical malpractice Law Firm is dedicated to protecting your rights. For more information call (855)385-2529 or reach us by email.

Common Medical Conditions with Delayed Diagnosis

When a patient visits a doctor’s office, urgent care center or emergency room a medical care provided should be at the standard delineated by the medical profession. This includes investigating possible signs and symptoms of serious medical emergencies. Heart Attacks: Signs and symptoms which should advise cardiovascular specialists of a need for immediate medical attention include

  • pain discomfort and tightness in the chest, shoulders and arms
  • General weakness, dizziness and fatigue including feelings of nausea
  • Shortness of breath Anxiety
  • Numbs a bluish color on the lips

Tests that should be conducted and prescribed by a doctor upon witnessing sings of symptoms of a heart attack include, EKG or electrocardiogram, blood tests, a coronary angiography, and nuclear canning. Stroke: Symptoms which should be a clear sign as to the presence of a moderate to severe stroke include

  • Dizziness and headaches
  • Vertigo and a general loss of balance
  • Issues with understanding or comprehending others
  • Alterations in your senses including hearing, taste, and touch
  • Numbness and general weakness

The delayed responses to a stroke will result in an increase in the probability of serious permanent disabilities and fatalities. [ca-sidebar id=”21798″]

Other common misdiagnosis and delays in diagnoses include

  • Crohn’s disease and other gastrointestinal medical issues including infections
  • Cancers: Particularity prostate cancer, lung cancer, and breast cancer
  • Delayed diagnosis of fetal distress resulting in severe care of birth trauma during the delivery process
  • Delay in the diagnosis of injuries caused by traumatic impact including brain injury, internal bleeding, broken bones, and ligament damage.

Establishing a Medical malpractice Claim for the Delayed diagnosis of a medical condition

A cause of action for medical malpractice required the establishment of three major elements
(1) A Duty a doctor has to his patient
(2) the breach of that duty
(3) Resulting or being the actual and approximate cause the injuries suffered.

The breach of duty in a medical malpractice claim is established by showing the medical doctor acted in a fashion that was inconsistent with the guidelines established by his profession, in other words the doctor failed to provide the treatment in a reasonably skillful manner. If the failure to act in that manner results in injury to the individual, then a claim for medical malpractice can be established.

Seeking Legal Assistance

Victims of a delays in the diagnosis of an illness are entitled to financial compensation for their injuries including recovery for all medical and hospitalization costs, cost of recovery and rehabilitation including any future need for corrective or reconstructive medical procedures, prescription medication costs, pain and suffering, lost wages and other economic and non-economic damages. For more information regarding your legal rights contact our law offices by phone (855) 339-8879 or contact us by email.

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