Failure to diagnose, or misdiagnosis, might be the result of negligence. However, not all diagnostic errors are actionable. In fact, many times the health care providers are given a pass for their mistakes because even highly experienced and competent doctors make diagnostic errors. Whether the health care provider gets a pass is up to medical experts hired to evaluate the care.
To be actionable, you must prove that the health care provider failed to follow accepted diagnostic standards. This failure to follow accepted standards must result in a missed diagnosis, a delayed diagnosis, or the wrong diagnosis. The mistake must also cause serious injury, a decrease in chances for survival, or death. For instance, delays in breast cancer diagnosis are a leading cause of medical malpractice lawsuits in the U.S.
Understanding when an error can lead to liability takes an experienced misdiagnosis lawyer. If you have any questions about whether your failed or misdiagnosis constitutes medical malpractice, you should call Gage Mathers.