A common type of medical malpractice is the failure to diagnose a condition by a physician or other medical provider. Proving a missed diagnosis is challenging, often requiring an injured party to conduct an in-depth investigation into the circumstances that led to the missed diagnosis and the resulting injuries. 

Missed diagnoses may not play a major role in a person’s life until an injury, illness, or medical condition becomes symptomatic. In a situation like this, where would you turn for help? 

Crim Law, PLLC has walked alongside injury victims, advocating for their rights and standing up for them throughout their medical malpractice case. Contact an experienced West Virginia failure to diagnose attorney today for a free consultation. 

How Much of an Issue Have Missed Medical Diagnoses Been in Recent Years?

Millions of Americans are impacted by missed medical diagnoses each year. Some of these missed diagnoses appear to be minor- at first. The patient may not experience any harm initially, but once the missed diagnosis occurs, the patient may experience harm. However, over time, the undiagnosed condition can begin to produce symptoms that are harmful to the patient’s health and well-being. 

It is reasonable to assume that a missed diagnosis is more likely in a hectic setting, such as an emergency room. That reasonable assumption would be incorrect. Most medical errors involving missed diagnoses occur in family practice offices. 

What are the Different Types of Missed Diagnosis Errors That Can Occur

There are three commonly encountered missed diagnosis medical errors:

• A missed diagnosis, which is then made later on 
• A diagnosis that is made in error 
• A medical misdiagnosis involving a condition that the patient is not suffering from

These diagnostic errors occur for a variety of reasons. Physicians will often move too quickly, failing to ask enough background questions about a new or even existing patient. This can result in an unnecessary delay in diagnosis. 

Testing errors are also common in the medical community. A test is administered incorrectly. Or a test may fail due to a manufacturing error. Now that test is providing either false positives or false negatives. Finally, a borderline test result can be read as either “negative” or “positive” when the actual result was the opposite. In this situation, crucial treatment may be denied to a patient, or the patient may undergo unnecessary testing, which can actually harm him or her. 

Which Medical Conditions are Misdiagnosed the Most?

There is no medical condition in existence that cannot be misdiagnosed. With that said, certain conditions are more prone to misdiagnosis. 

Conditions stemming from coronary artery disease, congestive heart failure, and heart attacks can receive missed diagnoses seemingly with more regularity than other conditions. Heart problems can be missed in the diagnostic stage of treatment because underlying symptoms of a heart attack, for example, were not present. Heart tests are typically more invasive than other diagnostic exams.

Finally, panic and certain mental health limitations could cause a treating physician to forgo cardiac tests if it is presumed that a psychological problem is causing the cardiac symptoms a person presents with. 

What Steps Should You Take after a Missed Diagnosis?

Once it is discovered that a medical error has been made, there are steps you should take as soon as possible. A medical malpractice claim in West Virginia must be filed within two years of the date on which the negligent act occurred. Speaking with a West Virginia failure to diagnose attorney once you discover a missed diagnosis has occurred is critical to your ability to recover damages in the future. 

After learning of the missed medical diagnosis, it is necessary to seek appropriate medical care. Learning that a doctor misinterpreted a test result and taking no further action is not a good plan. Most importantly, it has the potential to harm you further. Regarding a medical malpractice claim, you will need that future treatment to present as evidence to a court. Seek medical care based on your resources, circumstances, and your specific medical needs. 

An experienced West Virginia failure to diagnose attorney serves clients in many ways at this point in their case. Beginning to collect evidence is one of the services an attorney provides. After having served many clients in contentious medical malpractice cases, the legal team with Crim Law, PLLC understands the type of evidence most persuasive in a missed diagnosis medical malpractice case. Building a success claim means doing so intentionally and with purpose. 

What Elements are Necessary to Successfully Prove a Missed Diagnosis Case in West Virginia?

Establishing a doctor-patient relationship is the critical first step in a successful missed medical diagnosis case. Next, did the medical provider fail to provide you with the correct diagnosis due to a failure to follow established standards of care? Meaning: did the doctor act in a way that a similarly situated doctor in their field would not have acted? Finally, ask yourself if the harm that you suffered due to the missed or misdiagnosis resulted in damages- financial, physical or emotional?

Missed medical diagnosis cases are not always straightforward. It may appear, at first, that you have an obvious medical malpractice case on your hands. However, not every situation involving a missed medical diagnosis rises to the level of being medical malpractice. 

Having the counsel and guidance of a West Virginia failure to diagnose attorney is invaluable when you are determining whether and how to begin a medical malpractice case. Asking questions and receiving feedback help you make good decisions.

Contact Crim Law, PLLC Today for a Free Consultation

The medical malpractice team at Crim Law, PLLC has an established reputation for putting clients’ needs and interestsfirst. We pride ourselves on the service we provide and the results we achieve for our clients. For a free consultation, please contact our office today.