Is “Loss of Chance” Cause for Medical Malpractice?

When treating patients, doctors have a duty to diagnose the condition to the best of their ability and to prescribe the appropriate course of treatment. Unfortunately, some physicians make negligent mistakes while diagnosing patients, leading to a worse prognosis than if they had identified the condition earlier.

If you developed a worsening illness due to a medical professional, or if you lost a loved one because of this type of negligence, you could pursue a medical malpractice lawsuit against him or her. In particular, you may be eligible for a type of claim known as loss of chance,

What Is Loss of Chance?

Medical malpractice occurs when a medical professional fails to uphold his or her standard of care, causing harm to a patient. Misdiagnosis is a type of malpractice; when a patient comes in with a set of symptoms, a doctor has a duty to diagnose the condition in a way that a reasonably prudent and similarly trained physician would have.

If the doctor deviates from this standard and misdiagnoses the patient, his or her condition may worsen. The patient may have a worse prognosis, meaning that he or she has a lower chance of survival than if the condition had been detected and treated earlier. The patient may also have a lower chance of recovering from the condition. This is known as a loss of chance.

Misdiagnosis is not the only form of medical malpractice that can lead to a loss of chance. Many negligent acts could lead to worse patient outcomes, including the following:

How to Prove a Loss of Chance Claim in Missouri

If your medical condition worsened or you have a lower chance of survival due to medical malpractice, you may be eligible to file a loss of chance claim against the at-fault healthcare provider. If you lost a loved one due to a healthcare provider’s negligence, you and your family may also pursue a wrongful death lawsuit on his or her behalf.

To secure compensation in a loss of chance claim, you will need to gather sufficient evidence to prove the following facts:

Speak to a Medical Malpractice Attorney About Your Loss of Chance Claim

Suffering a loss of chance of survival or recovery can be a devastating experience. If a medical provider’s negligence is responsible for your loss of chance, speak to a Missouri medical malpractice lawyer as soon as possible.

An attorney can help you hold the provider accountable for your losses and help you secure the settlement that you deserve. As soon as you realize that you may qualify for a claim, contact a Kansas City medical malpractice lawyer to discuss your next steps.