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Failure to Diagnose

When a healthcare provider fails to identify a medical condition or misdiagnoses a condition, resulting in harm to you or your loved one, this is considered a failure to diagnose. In these cases, the patient may bring a medical malpractice lawsuit against the healthcare provider for negligence. These claims require evidence that the healthcare provider had a duty of care to the patient, that the duty of care was breached, and that the breach caused harm to the patient.

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Types of failure to diagnose claims

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There are a variety of ways in which a healthcare professional can fail to diagnose, leading to a claim:

Misdiagnosis – when a healthcare provider gives an incorrect diagnosis and fails to correctly identify the underlying medical condition.

Delayed Diagnosis – when a diagnosis is not made in a timely manner, leading to the progression of the condition and potentially worsening outcomes.

Failure to Refer – when a healthcare provider fails to refer a patient to a specialist when necessary, leading to a delay in diagnosis and treatment.

Failure to Order Tests – when a healthcare provider fails to order necessary diagnostic tests, leading to a delayed diagnosis or misdiagnosis.

Failure to Follow Up – when a healthcare provider fails to follow up on test results or patient symptoms, leading to a delay in diagnosis and treatment.

Misinterpretation of Test Results – when a healthcare provider misinterprets diagnostic test results, leading to a misdiagnosis or delayed diagnosis.

Lack of Communication – when a healthcare provider fails to communicate with other providers, leading to a misdiagnosis or delayed diagnosis.

Lack of Specialist Availability – when a patient is unable to access a specialist in a timely manner, leading to a delayed diagnosis and treatment.

 

Failure to diagnose claims process

In order to make a failure to diagnose compensation claim you must establish that the healthcare provider failed to provide the standard of care that a reasonable and prudent healthcare provider would have provided in the same circumstances. This may involve expert testimony from other healthcare providers and a review of medical records to demonstrate that the healthcare provider failed to diagnose or misdiagnosed the condition.

 

In order to succeed in a failure to diagnose claim, the lawyer must prove that the healthcare provider’s failure to diagnose or misdiagnosis caused the patient to suffer harm. This may involve showing that the condition worsened or that the patient suffered additional harm as a result of the delay in treatment.

 

Failure to diagnose claims can be complex and challenging cases, as they require an understanding of medical practices, procedures, and standards of care. However, they also offer the potential for significant compensation for patients who have suffered harm due to a healthcare provider’s negligence.

 

What makes our team the right choice for you?

Making a failure to diagnose claim can be complex and time-consuming. It is critical that you seek legal advice from experienced medical malpractice lawyers. Premier Compensation Lawyers are:

 

  • Experts in medical malpractice
  • Professional and supportive
  • Able to provide free legal advice
  • Practitioners of a ‘no win no fee’ policy

 

Don’t let the stress and uncertainty of a compensation claim weigh you down any longer. Contact Premier Compensation Lawyers today to schedule a free consultation and learn more about how we can help you.

Recent Wins

John
Settlement of $475,000

Motor Vehicle Accident

John was involved in a serious motor vehicle accident due to another driver’s negligence.

Karina
Settlement of $575,000

Motor Vehicle Accident

Karina was a single mother when involved in a motor vehicle accident that wasn’t her fault and suffered a number of injuries to her left shoulder, back and neck.

Steve
Settlement of $275,000

Motor Vehicle Accident

Steve was a single father when he was knocked off his motorbike by a motor vehicle.

Grazyna
Settlement of $82,500

Public Liability

Grazyna injured her foot when she stepped on uneven ground when leaving the premises of Casula Mall.

Elie
Settlement of $110,000

Public Liability

Elie was an unemployed man showering at home in his rental property when some small wall tiles fell off and hit him in the left shoulder.

Goran
Settlement of $388,145.69

Public Liability

Goran was in the course of his employment unloading a truck at someone else’s premises when he injured his shoulder and back.

Anne
Settlement of $520,000

Workers Compensation

Anne was injured in a workplace accident.

Talia
Settlement of $440,000

Workers Compensation

Talia was at work when a forklift reversed over her left foot.

Steve
Settlement of more than $710,000

Workers Compensation

Steve suffered psychological injury when a work colleague fell off the bonnet of a car. Steve thought his colleague had been crushed. He hadn’t.

Gloria

Public Liability

Gloria sat on a broken chair at a well-known fast food outlet causing minor injury.

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