If you had to go outside of your physician’s practice without his or her recommendation to receive a proper medical diagnosis, you may want to consider filing a failure to diagnose medical malpractice claim. When a physician fails to follow the prescribed steps to reach a diagnosis for a patient, it is considered a failure to diagnose. In these cases, you must prove your physician failed to diagnose your condition because of negligence and that the failure caused you harm. Contact a Kansas City, MO failure to diagnose attorney for a free legal consultation if you think you or a family member have been the victim of a doctor failing to diagnose properly.
If you think you may be eligible for compensation for a medical malpractice claim, contact Fowler Pickert Eisenmenger Norfleet in Kansas City, Missouri. His law practice focuses on medical malpractice claims, and he can help you determine if your case is a failure to diagnose or another form of medical malpractice.
In a failure to diagnose case, there are some considerations that have to be carefully evaluated to adequately prove negligence. If the injury or harm you have suffered is likely to have caused harm even with a proper diagnosis, you might not be able to prove failure to diagnose. Other difficulties in proving failure to diagnose include:
- Not seeing a specialist. This means you cannot sue an eye doctor for failing to diagnose your knee problems.
- The mistake was reasonable. If your doctor made a mistake based on conclusions another doctor would reasonably make, it is not considered medical malpractice. Mistakenly treating an illness that appears similar in nature to another is a reasonable mistake.
- You misled or didn’t provide your doctor with information. If you haven’t completely divulged all the necessary information a doctor would need to make an appropriate diagnosis, you will have a hard time proving a failure to diagnose.
Finding a Kansas City Failure To Diagnose Attorney
Securing the services of an experienced Kansas City failure to diagnose attorney is likely the only way you will see a failure to diagnose case successfully resolved. You need a Kansas City personal injury attorney who is familiar with the details of medical malpractice law and the rules and regulations surrounding filing a lawsuit. Medical review boards and other agencies make filing a medical malpractice lawsuit incredibly complex.
Fowler Pickert Eisenmenger Norfleet has experience in successfully filing medical malpractice lawsuits in Kansas City, Missouri. Our his team of Kansas City, MO medical malpractice attorneys can help you collect the evidence necessary to prove all aspects of a failure to diagnose medical malpractice case. In Kansas City, Fowler Pickert Eisenmenger Norfleet knows the medical experts that can be called on to prove your failure to diagnose case in court. They also work hard to provide high quality, individualized attention for each client’s unique set of circumstances.
Proving Failure to Diagnose
Like other medical malpractice lawsuits, a failure to diagnose claim relies on a strong case that proves a professional medical relationship, injury, and any other forms or acts of negligence. The burden is not completely on you, though. Your attorney can help you prove medical malpractice if your doctor failed to do the following:
- Discuss your medical history and daily habits at length. Knowing your risk factors and history can greatly impact your doctor’s ability to make an accurate diagnosis.
- Order the correct tests or screenings that would be reasonably based on your exhibited symptoms and information provided.
- Recognize your symptoms as they relate to relevant medical conditions about which your doctor should be familiar.
- Correctly interpret your test results, where another doctor easily might have.
We know how medical malpractice can affect your life and the lives of your loved ones. Your medical malpractice case may be settled out of court or it may require expert witnesses and multiple dates in court. Whatever your individual case calls for, our team will fight aggressively for your rights.
