Washington, D.C. Medical Malpractice Attorneys Handling Failure to Diagnose Claims
Protecting victims of delayed or improper diagnoses throughout Washington, D.C.
Failing to diagnose a medical condition or illness can delay a necessary or lifesaving treatment. When that failure is the result of negligence on behalf of healthcare providers, it may be an act of medical malpractice. Paulson & Nace, PLLC, has extensive experience helping victims throughout Washington, D.C. by determining whether or not their doctors’ failure to diagnose their illness or condition led to their injuries, and then fighting to obtain the compensation they need to begin their recovery process.
What does “failure to diagnose” mean?
Failure to diagnose encompasses several categories of negligence that are found at the root of medical malpractice claims. It can involve a misdiagnosis of an illness or injury that results in improper medical care, delayed treatment, or no treatment that causes a patient’s condition to become worse. Misdiagnosis on its own does not automatically give rise to a medical malpractice suit.
Commonly misdiagnosed and undiagnosed conditions
The reasons why a condition is misdiagnosed or undiagnosed vary. At Paulson & Nace, we regularly assist our clients who have suffered injury because of a delayed, missed or incorrect diagnosis of:
- Cancer. Missing the signs and symptoms of cancer can have devastating and potentially deadly results. Our team of lawyers has experience helping families whose loved ones were seriously harmed by a delayed or failed cancer diagnosis.
- Heart conditions. Heart disease is one of the leading causes of death in America. Failure to diagnose a heart attack or heart-related condition can contribute to the number of needless deaths each year and may prevent a patient from getting the help necessary to control or fix the condition.
- Stroke. The most common “sign” of a stroke – numbness in the left side of the body – does not always occur. In fact, many people have mistaken a stroke for a bout of indigestion. A doctor, however, is expected to know the difference. A misdiagnosed or undiagnosed stroke could have lifelong effects.
- Infections. Hospital acquired infections (HAIs) are fairly common, especially for patients who have undergone surgery or whose immune systems are compromised in some way. Healthcare providers who fail to monitor their patients effectively and efficiently may miss or delay the diagnosis of an infection, a potentially fatal error. This is especially true when doctors fail to diagnose sepsis, a dangerous infection of the blood.
- Bowel leak. A perforated bowel can cause serious pain and discomfort, and if left untreated may necessitate surgery or the permanent use of a colostomy bag. In the most tragic cases, an undiagnosed bowel leak may prove fatal to the patient.
Paulson & Nace has spent decades advocating on behalf of patients whose conditions worsened as the result of a failed or missed diagnosis. We are a skilled team of trial attorneys who understand how important it is to file a medical malpractice claim within the legal timelines. We are unafraid to take our cases to court to stand trial, and prepare thoroughly in case a trial is necessary. We know that the future of your family may depend on our aggressive and comprehensive representation.
How do I prove failure to diagnose in a medical malpractice claim?
The standard for proving liability in any type of personal injury case is relatively the same. You must be able to prove the four elements of negligence; duty, breach, causation, and damages, for a claim to have a chance of succeeding.
In a medical malpractice case involving failure to diagnose, you need to prove:
- A doctor-patient relationship existed during the period you received care
- The doctor neglected to follow the standard of care when diagnosing your condition
- That neglect in properly diagnosing you was the actual and proximate cause of your injury
- You suffered damages as a result of your injury
Our legal team at Paulson & Nace, PLLC has spent more than four decades helping clients cull necessary evidence while using every resource available to us to show insurance companies and juries why you not only need, but are entitled to, fair and just compensation for the injuries you suffered.
How much is my failure to diagnose claim worth?
The question on the minds of many potential clients is how much their case may be worth. The simple answer is there is no guaranteed amount you may walk away with whether through settlement or trying your case in court. Each case has variables specific to your particular claim that will affect any potential financial award you could be entitled to, which drives the attorneys at Paulson & Nace, PLLC to fight harder for you and your family.
Every case will involve a mixture of economic (actual and projected expenses) and non-economic (subjective) damages. The good news is that there is no cap on non-economic damages in Washington, D.C. That means if your case ends up at trial, the jury has the chance to place themselves into your shoes when deciding how much to award you should they side with you.
Damages you could receive include:
- Current and future medical expenses, including likely corrective medical procedures, surgeries, and medical equipment
- Loss of wages and future earning potential
- Pain and suffering, both physical and mental
- Funeral and burial expenses if your loved one dies as a result of the missed or delayed diagnosis
Experienced Washington, D.C. medical malpractice attorneys on your side
Paulson & Nace, PLLC, proudly advocates on behalf of medical malpractice victims throughout Washington, D.C. You do not have to go through this experience alone. If you believe that your illness may have worsened because a doctor’s failure to diagnose or missed diagnosis kept you from the treatment you needed, we want to help. Call us at 202.463.1999 or fill out our contact form.