Failure to Diagnose Attorneys in Kansas City

Failure to Diagnose or Misdiagnose is Negligence

When a medical professional inaccurately diagnoses a condition, it qualifies as misdiagnosis. Importantly, misdiagnosis is legally recognized as a form of medical malpractice. Therefore, if you’ve suffered due to an incorrect diagnosis, you have grounds to seek financial compensation for the harm caused.

At Dempsey Kingsland & Osteen, our attorneys understand the frustration you feel when you or a family member cannot get an accurate diagnosis of an illness. Frequently, the consequences of a failure to diagnose are far more serious than mere frustration. Many illnesses such as cancer, timely treatment is crucial to curing the cancer. A missed or wrong diagnosis can lead to a long-term illness, inability to continue working, a permanent disability requiring long-term care, or death. Failure to diagnose is medical malpractice in some instances.

At Dempsey Kingsland & Osteen, we work to acquire fair compensation for injuries caused by negligent failure to diagnose illnesses or medical conditions. Our experienced Kansas City medical malpractice lawyers, working with a team of medical experts from around the country, can evaluate your case and determine the full extent of the damage caused by negligent misdiagnosis or failure to diagnose your medical condition.

Common Diagnostic Failures

Certain medical problems elude diagnosis more often than others, but failure to meet the accepted standard of medical care in diagnosing them is medical malpractice. But what is your legal recourse in this situation? Can you sue a doctor for failure to diagnose? The answer is yes if you can prove the medical provider’s actions (or inaction) fell below the standard of care.

At Dempsey Kingsland & Osteen, our attorneys have handled cases arising from diagnostic errors involving:

  • Cancer
  • Impending Heart Attack,
  • Sepsis,
  • Spinal Epidural Abscess,
  • Internal Bleeding,
  • Gall Bladder Surgery Complications,
  • Surgical Complications,
  • Bowel Perforation,
  • Laparoscopic Surgery Complications

Types of Medical Misdiagnosis

Misdiagnosis can take several different forms:

  • The wrong disease is diagnosed,
  • The doctor fails to diagnose the correct condition in a reasonable amount of time,
  • The diagnosis of the current condition is correct, but the underlying cause is not identified,
  • Medication side effects are mistaken for illness, and
  • The doctor relies on inaccurate test results caused by faulty equipment or human error.

A misdiagnosis alone is not evidence of malpractice. Your lawyer must prove that another doctor in a similar field with similar experience would have reached the correct diagnosis. 

Failure to Treat 

Medical providers who fail to treat you can also fall under medical malpractice. Potential examples that could lead to a failure to treat lawsuit include: 

  • Not treating a patient in a timely manner,
  • Failure to refer a patient to a specialist, 
  • Not advising a patient about treatment options, or
  • Failure to treat symptoms of a heart attack or stroke when the patient is in the emergency room. 

Not properly treating a patient can have dire consequences. It could cause irreversible harm, especially in cases involving life-threatening issues like cancer. 

How to Prove a Failure to Diagnose Medical Malpractice Case

Before you can collect compensation for a failure to diagnose, you must first demonstrate there was a doctor-patient relationship. Next, you must show evidence that the medical provider failed to live up to the accepted standard of care. If you can establish proof of these two elements, you must also show that the failure to diagnose or misdiagnosis was the proximate cause of your injury or worsening condition. For example, not diagnosing cancer early enough could cause a patient to undergo more serious treatment than would’ve been necessary. 

Establishing medical negligence is not easy, which is why it’s important to hire a lawyer. At Dempsey Kingsland & Osteen, we have full-time doctor and nurse experts on staff who help build solid cases for medical malpractice. 

What to Expect When Filing a Medical Malpractice Lawsuit 

Understandably, you might have questions on what to expect if you file a medical malpractice lawsuit. Once your case is in litigation, it enters the discovery phase. This period is where both sides gather evidence. For example, you might get called in for a deposition where you answer questions under oath. 

Your attorney will also hire impartial expert witnesses who can testify on your behalf. These experts help determine the accepted standard of medical care in your particular case. They can also discuss whether your medical provider breached the duty of care. 

Not all failure to diagnose medical malpractice lawsuits will go to trial. If your evidence and expert witnesses are strong enough, the defendants might try to settle the lawsuit. This process will involve negotiations between both sides’ attorneys to reach an agreement on how much money the defendants will pay.

How a Medical Malpractice Attorney Can Help

Our failure to diagnose attorneys in Kansas City can work quickly to determine the nature of your injury and its long-term consequences to you. We encourage you to speak with us about a suspected failure to properly diagnose your medical condition. Our lawyers have over 20 years of litigation experience. Many other law firms refer cases to us because of our extensive experience and record of success in the courtroom. We are proud of our reputation as the premier law firm for medical malpractice cases in the area and will fight tirelessly as your legal advocate. Please schedule a no-obligation consultation with our office to learn more about how we can help.

To speak with one of our lawyers during a free initial consultation, contact us at (816) 484-3776. There is no attorney’s fee until we recover the compensation you need and deserve.

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