Misdiagnosis or Failure to Diagnose Cases

Sep 4, 2013 @ 09:44 AM — by Larry A. Tawwater

Oklahoma City Failure to DiagnoseAs patients, we entrust our health to medical professionals with the expectations that they will provide care of at least a reasonable, competent standard. Physicians, surgeons, nurses, anesthesiologists, and other healthcare providers are not superhuman; however, most of them are skilled, hard-working professionals who do the best they can to uphold the Hippocratic Oath and, if they cannot always help their patients, at least do them no preventable harm.

Unfortunately, not all healthcare professionals practice medicine with the competence or high ethical standards that are the hallmarks of the sacred doctor-patient relationship. These are professionals who, through their own negligence, actually do harm their patients, sometimes irreversibly and too often fatally. When these providers fail to provide care of a reasonable standard, and their patients are tragically harmed or killed as a result, they can be held liable under the laws of medical malpractice.

The personal injury attorneys of the Tawwater Law Firm have successfully represented many victims of all types of medical malpractice, including the failure to diagnose and misdiagnosis. These particular types of medical malpractice are especially detrimental to the health of patients as the timeliness of making the correct diagnosis can be the difference between healthy recovery and irreparable damage, or even death.

If you or a member of your family have been harmed by the negligence of a medical professional, our Oklahoma City failure to diagnose and misdiagnosis attorneys can make sure that your rights are properly protected. Contact the Tawwater Law Firm today to arrange for an evaluation of your case.

Failure to Diagnose

Failure to diagnose cases are predicated on the theory that:

  • A patient presented symptoms that would have led a competent professional to at least consider the condition that was ultimately correctly diagnosed
  • The physician failed to provide or consider this diagnosis
  • As a result, the patient was not treated in a timely manner
  • Therefore, the patient sustained injuries that otherwise might have been prevented
  • These injuries caused the patient to suffer losses and expenses that might otherwise have been avoided
  • The physician is therefore liable for compensating the patient for these losses and expenses

If the physician’s negligence was particularly egregious, our medical malpractice attorneys may also be able to obtain punitive damages, or damages awarded to punish the defendant rather than compensate for actual, demonstrable losses and expenses on the part of the plaintiff.

Misdiagnosis

Misdiagnosis cases are similar to failure to diagnose cases except that, in the former, the physician arrived at the incorrect diagnosis and prescribed treatment accordingly. In cases of misdiagnosis, patients are at increased risk of injury not only due to the lack of proper and timely treatment for their condition, but also due to the fact that they are receiving an alternative treatment for a condition they do not have.

If you or a member of your family has been injured due to a physician’s failure to diagnose your condition, or due to a misdiagnosis, we encourage you to call or email the Tawwater Law Firm today to arrange an evaluation of your medical malpractice case.

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