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Many people place great trust in their physicians, and rightfully so. Physicians have gone through many years of higher-level education and training to provide quality care to their patients. Unfortunately, this expected level of diligent care is not always given to patients, and even good doctors can make mistakes. Reaching out to a knowledgeable failure to diagnose attorney from Lowenthal & Abrams can ensure that your legal needs are addressed promptly.
When your doctor fails to use appropriate care in diagnosing a medical condition, you may experience a great deal of harm to your health. A Philadelphia failure to diagnose lawyer can help you analyze your situation to determine whether your doctor may owe you compensation for the losses you sustained due to their mistake.
Causes of Failing To Diagnose
Of course, no one, not even doctors, is required to always be perfect. To be liable for a failure to diagnose, it is not enough that a doctor did not make the correct diagnosis. Instead, a doctor will be liable for their mistake only if their conduct fails to comply with the applicable standard of care. The doctor is not judged purely on the results but on whether the process they employed was within the range of the accepted standards of medical practice given the knowledge and resources available to them at the time.
The inquiry into whether a doctor’s actions fall below the standard of care is specific to the facts that occurred. However, some common causes of a failure to diagnose might include:
- Misreading lab or test results
- Failing to perform necessary tests
- Failing to consult standard or up-to-date literature
- Not properly implementing a differential diagnosis
- Inappropriately identifying symptoms as side effects of medication
- Working without proper rest or while under the influence of alcohol
- Ignoring or not putting sufficient weight on the patient’s description of their symptoms
Determining whether a doctor’s actions rise to a failure to diagnose claim is a complicated question that requires detailed investigation and analysis, but a Philadelphia lawyer can work with the appropriate medical experts to help analyze whether it occurred in an injured person’s specific situation.
Results We’ve Obtained for Injured Patients
Lowenthal & Abrams has represented patients harmed by medical negligence, including failures to diagnose serious conditions. Below are examples of medical malpractice case results obtained by our firm.
| $15 Million Surgery-Sepsis | $11 Million Birth Injury Case – Baby Seriously Injured | $4.8 Million Medical Malpractice – Wrongful Death Case |
| $3.75 Million Medical Negligence – Negligent Administration of Heparin | $2.4 Million Medical Malpractice – Improper Blood Screening | $2.4 Million Surgical Error – Damaged Sympathetic Nervous System |
| $1 Million Failure to Diagnose – Breast Cancer | $1.6 Million Pediatric Failure to Diagnose – Diabetes | $1.5 Million Failure to Diagnose – Breast Cancer |
| $1.4 Million Birth Injury to Mother – Wrong Medication | $1.2 Million Failure to Diagnose – Deep Vein Thrombosis (DVT) | $1.2 Million Failure to Diagnose – Esophageal Cancer |
Deadline to File a Claim
Even when a patient is injured by their doctor’s inappropriate or careless actions, they do not have an indefinite period to file a legal claim for their losses. Title 42 Pennsylvania Consolidated Statutes § 5524 provides that all lawsuits that claim a recovery for an injured person because of someone else’s negligence must be filed within two years of the date of the injury. If a claim is filed outside of this time, the court will likely dismiss it, and the injured person’s ability to recover compensation will be severely limited.
However, there are several instances when the deadline to file a claim may be extended. For example, the deadline may be extended for any period where the injured person could not reasonably discover that they had been injured. This might apply in the context of failure to diagnose if the patient only realizes that a doctor misdiagnosed them years after the initial diagnosis. In any event, the best practice is for an injured person to seek help from a Philadelphia failure to diagnose attorney as soon as possible so that they can analyze and understand what deadlines may apply and what options are available to the injured person.
When a Doctor Failed To Diagnose a Medical Condition, Seek Help From a Philadelphia Attorney
Diagnosing health problems quickly and accurately is critical to receiving the appropriate care. Any delay can worsen the condition or lead to further issues that could have been avoided.
When you have experienced negative health consequences because of your doctor’s careless, reckless, or negligent diagnosis, you deserve compensation for your losses. Schedule an initial consultation with a Philadelphia failure to diagnose lawyer at Lowenthal & Abrams today to learn about your legal options.
Frequently Asked Questions
1. What does it mean when a doctor “fails to diagnose” a condition?
A failure to diagnose happens when a doctor overlooks, misses, or does not recognize a medical condition that should reasonably have been identified based on the patient’s symptoms, history, and available testing. It can involve missing a condition entirely or failing to identify it until much later.
2. How is a failure to diagnose different from a simple mistake?
Doctors are not expected to be perfect, but they are expected to follow accepted medical practices. A failure to diagnose becomes a legal issue when the doctor’s approach falls outside what other reasonably careful providers would have done under similar circumstances.
3. What kinds of conditions are often involved in failure to diagnose cases?
Many cases involve serious conditions where early treatment matters, such as cancer, heart disease, stroke, infections, blood clots, or internal injuries. These cases often focus on whether warning signs were missed or dismissed.
4. Can a failure to diagnose still be a claim if the doctor eventually got it right?
Yes, in some situations. If the delay allowed the condition to worsen, reduced treatment options, or caused additional harm that could likely have been avoided with earlier diagnosis, the delay itself may be legally significant.
5. How do lawyers determine whether the standard of care was violated?
Lawyers typically review medical records in detail and work with qualified medical experts. The focus is on whether the doctor’s decision-making process, testing, and follow-up were reasonable based on the information available at the time.
6. Who may be responsible for a failure to diagnose?
Responsibility can vary depending on the facts. It may involve a primary care physician, emergency room doctor, specialist, radiologist, or even a medical facility if system breakdowns or communication failures played a role.
7. What role do medical records play in these cases?
Medical records are often central to failure to diagnose claims. They help show what symptoms were reported, what tests were ordered or not ordered, how results were interpreted, and whether appropriate follow-up occurred.
8. Is there a time limit to file a failure to diagnose lawsuit in Pennsylvania?
Pennsylvania generally applies a two-year deadline to medical malpractice claims. In some cases, the time period may depend on when the injury or misdiagnosis was discovered or reasonably should have been discovered, which can be complicated.
9. What should I do if I suspect my doctor missed a diagnosis?
Your health should come first. Seek appropriate medical care or a second opinion if needed. It’s also important to keep copies of your medical records and make note of when symptoms started, how they progressed, and when you learned about the missed diagnosis.
10. How can Lowenthal & Abrams help with a failure to diagnose case?
Lowenthal & Abrams has decades of experience handling medical malpractice claims and includes a medical doctor and a nurse on staff. This allows the firm to closely review medical records, identify potential diagnostic errors, and help clients understand whether they may have a valid claim and what steps to take next.
