One particularly dangerous form of medical malpractice is the failure to diagnose a medical condition. Failure to diagnose occurs when a healthcare provider fails to identify a medical condition and this failure causes harm to the patient. Some medical conditions like heart attacks must be promptly diagnosed to save the patient’s life. Others like cancer progress rapidly, and a failure to diagnose can result in a lowered chance of survival or being exposed to more aggressive medical treatments that they could have avoided had they received a timely diagnosis.
A failure to diagnose or a delay in diagnosis can cause substantial harm to patients. If you believe that your healthcare provider negligently failed to diagnose your condition and you were injured as a result, the dedicated failure to diagnose lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., are here to help. Our attorneys have seen far too often how people’s lives are forever changed due to negligent care. We have championed results for our clients who have suffered needlessly due to failure to diagnose, including:
- $11.2 million for a single mother whose brain tumor was not diagnosed promptly
- $8.9 million for an infant who suffered brain damage after the hospital failed to diagnose fetal distress after a pattern of non-reassuring fetal heart rate emerged
- $5 million for the family of a 10-week old baby who was improperly discharged after the hospital failed to diagnose him with meningitis
- $4 million for a man who became paralyzed after his surgeon failed to timely identify and treat a spinal infection
Our firm fights zealously to protect the rights of patients throughout Philadelphia and surrounding areas. Contact us for a free consultation to discuss your legal rights and options after a failure to diagnose.
How Our Failure to Diagnose Lawyers Can Help
If you have been harmed by the negligent actions or inactions of healthcare providers, you need a team who will fight aggressively to protect your rights. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., offers world-class legal representation from knowledgeable and experienced failure to diagnose attorneys. We have a track record of success due to our:
- Thorough case preparation – We prepare every case from the start as though it was going to trial. For us, going to trial is not an idle threat. We are ready to go to court if that is the best path forward for your case. Insurers and defendants know we are serious and prepared to take your case all the way.
- Accurate assessment of damages – Many patients underestimate the long-term effects that a healthcare provider’s negligence can cause. We will thoroughly assess your case and determine the full extent of your damages so that we demand all that is due.
- Ample resources – At ER Legal, we dedicate our own resources to cases. We also have a network of experts we can turn to for additional support for your case.
- Personalized attention – Our lawyers prioritize our client’s needs. We keep clients up-to-date on their cases and provide one-on-one attention.
Major Causes of Failure to Diagnose
A failure to diagnose can occur for many different reasons, including:
- Failure to properly interpret test results
- Failure to order proper tests
- Negligently performed tests or screenings
- Paperwork mix-ups
- Failure to reconcile medications
- Failure to listen to a patient’s symptoms and medical history
- Healthcare provider fatigue or impairment
- Failure to act according to a differential diagnosis
How to Prove Your Case
Proving medical malpractice due to a failure to diagnose is a difficult undertaking. This is why you need an experienced failure to diagnose attorney who can carefully review your medical records and work with expert witnesses to establish your claim. Ultimately, we will have to prove:
- The healthcare provider failed to diagnose your medical condition
- The healthcare provider violated the applicable standard of care
- You suffered harm you would have avoided had you received a timely diagnosis
Potential Compensation in Failure to Diagnose Cases
A failure to diagnose can cause serious long-term effects. You may be able to recover compensation for:
- Additional medical expenses you incurred because of the negligent healthcare provider’s mistake
- Physical therapy, occupational therapy, and rehabilitation services
- Medical devices you have to purchase
- Prescription medications
- Lost income
- Physical and mental pain and suffering
- Loss of enjoyment of life
The potential compensation available for your claim will depend on the facts and circumstances surrounding your claim. Working with an experienced failure-to-diagnose lawyer can give you a better idea about the financial recovery at stake.
Statute of Limitations
Every state has statutes of limitations that provide a deadline by which you must file a legal claim to preserve your right to recovery. In Pennsylvania, the general statute of limitations for medical malpractice claims is two years from the date the medical mistake occurred. However, there are various exceptions to this deadline, most notably the “discovery rule.”
The discovery rule allows victims more time to file a claim if they did not know about the mistake. If the victim could not have reasonably discovered the mistake at the time the healthcare provider made it, the two-year statute of limitations does not start until the patient “discovered” it or reasonably should have discovered it. This is a particularly helpful rule in failure to diagnose cases because the patient often will not know about the mistake until months or years later after they are properly diagnosed. However, no medical malpractice claims can be filed more than seven years from the date the mistake was made, even if the victim discovers it after that timeframe.
How Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., Legal Can Help
If you suffered an injury due to a healthcare provider’s failure to diagnose your condition, you need a skilled attorney who will fight for your rights and for the financial recovery you deserve. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., has an established network of medical experts who complete certificates of merit to support our clients’ failure to diagnose claims. Our experienced trial attorneys can guide you through the process and be there for you at every turn. We are here for you for life’s toughest trials. Contact us today to speak to a knowledgeable failure-to-diagnose lawyer.