It is a serious matter when a doctor does not investigate a medical condition further after making an initial diagnosis. The failure to provide adequate care may rise to the level of medical neglect. Proving that the physician did not provide treatment to the same extent as a similarly qualified doctor is when medical malpractice may have occurred. 

The medical care for each patient a doctor treats is very likely to differ. Each patient is unique, so it follows that the treatment for each patient should also be unique. In some situations, however, a doctor may not follow up after their examinations and tests point towards a particular diagnosis. 

When that initial diagnosis proves to be incorrect, and you have suffered harm as a result, it is time to consider speaking to an attorney. A West Virginia failure to diagnose attorney at Crim Law serves clients who have been injured or harmed due to medical neglect. Contact our office today for a free case review. 

Defining Medical Malpractice In Relation to a Missed Diagnosis

A medical malpractice finding depends upon whether the physician’s actions fall below the accepted standard of care in that field of medicine. The standard of care is the baseline level of care that all physicians, regardless of age or experience, must be able to meet. When that standard is not met, a finding of medical malpractice may be appropriate. 

In many, if not most, areas of medicine, part of the widely accepted standard of care for physicians involves following up with their patients after making a diagnosis. A doctor cannot make a diagnosis and then leave the client to their own devices- especially when the diagnosis relates to a serious medical condition. Rather, the physician must investigate further to confirm the diagnosis and any treatment recommendations that were made. 

That initial diagnosis may prove to be incorrect. Incorrect diagnoses happen in medicine. That said, what cannot happen is an incorrect diagnosis being followed up with nothing at all. This is where a West Virginia failure to diagnose attorney can assist you. Determining whether the physician’s actions (or inaction) led to you suffering a particular injury or harm is the key to a medical malpractice case. 

Determining Fault After a Missed Diagnosis

Whether the physician completely missed the condition or misdiagnosed it as something it wasn’t, there must be an analysis performed to determine the likelihood of malpractice having occurred. As part of that analysis, it is also possible that it is not only the physician who may be liable for any harm suffered by you. 

Consider that the physician’s staff may have made a mistake when assisting the physician in the treatment of a patient. Poorly maintaining records, failing to communicate updates to the physician from another department in the hospital, or misreading an X-ray or MRI can all constitute medical malpractice. 

Ultimately, fault in a medical malpractice case based on negligence comes down to four factors: duty, breach, causation, and damages. Physicians owe their patients a duty to care for them. If that duty of care is breached by a nurse, hospital staff member, or physician, it may constitute medical malpractice. 

How a Failure to Investigate Can Lead to Serious Patient Harms

Failing to investigate a condition further after making an initial diagnosis harms patient care. The harms that may befall a patient can be severe, from long hospital stays to chronic injuries. Serious illnesses need to be identified as quickly as possible for treatment to have the greatest impact on a patient. An initial diagnosis may be incorrect and, if relied upon, could worsen the condition. 

Daily symptoms related to a failure to correctly diagnose a condition include pain, fatigue, decreased energy, and an inability to work. Often, the medical bills and necessary care for a patient after a false diagnosis are significantly higher due to delays in receiving proper treatment. 

How Can You Prove Medical Malpractice Related to a Failure to Diagnose?

When a physician treats a patient, it almost certainly establishes a patient-physician relationship. As such, that physician owes the patient a duty of care when caring for them. That duty of care extends to ordering tests, examining results, and making an initial diagnosis. It does not mean the physician must be 100% correct in their initial diagnosis. However, it does mean that further investigation is warranted when the situation calls for it. 

Next, you must be able to prove that not only did a duty of care exist, but that the duty was breached. As in, did the physician, hospital, or other staff member violate their duty of care by failing to investigate your condition further? This is a factual question that will largely depend on the circumstances of your case. The condition you suffered from, your symptoms, the available tests, the standard of care in the particular area of medicine, and a range of other factors must be examined. 

Finally, was the breach of their duty of care to you the primary (proximate) cause of the damages you suffered? This is where a case gets complicated. Proving that something “bad” happened to you is one thing. It is another thing entirely to prove that the bad thing that happened to you was caused by the doctor not investigating your condition sufficiently. In that situation, consider reaching out to an experienced West Virginia failure to diagnose attorney. 

Contact Crim Law for a Free Case Review

The professional, diligent team of attorneys at Crim Law places clients at the forefront of each case. We take the responsibility of serving our clients seriously. To learn more about your case, please contact us today for a free case review.