Search Site
Free Consultation 855-234-7619
 
Virginia Injury Blog
 

What You Need to Know About Filing a ‘Failure to Diagnose’ Lawsuit

One of the most common types of medical malpractice claims involves a failure to diagnose. In these types of claims, a doctor may have failed to make a diagnosis in a timely manner (or at all), and the patient has suffered because of it.

When filing a failure to diagnose lawsuit, you must be able to prove that the doctor’s failure was as a result of his or her negligence, and was not simply a reasonable error. Doctors are expected to provide a certain standard of care to their patients, which may vary based on the patient’s age and the type of condition. However, in general, doctors must take reasonable steps to ensure that their patients receive the best care possible.

In addition to proving that the doctor failed to meet that standard of care, you must also prove that this failure caused your injuries. In a failure to diagnose case, this means demonstrating that a diagnosis in a timely manner would have prevented your condition from worsening — or from happening at all.

Just because doctors fail to make a diagnosis does not mean that they were negligent. There is no law in place that holds doctors accountable to correctly diagnosing patients in every single case. They are simply expected to meet a standard of care. If it is found that the doctor took reasonable steps to figure out what was wrong with you and how he or she could solve it, then the doctor would not be guilty of medical malpractice.

It can be challenging to determine whether or not physicians have done all that was expected of them. To determine whether you have a case for failure to diagnose, meet with an experienced North Carolina medical malpractice attorney at Lanier Law Group.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

Convenient consulations at the location of your choice Our skilled attorneys come to your home or office to meet with you
Media Center
  • Get to know Lanier Law Group with our series of informative videos. You'll learn about various points of personal injury law, and how we approach our practice to deliver the best results possible.

Recent Cases
  • Workers' Compensation Claim A worker's compensation claim where client was doing framework and the nail gun that he had on his waist shot misfired and fired into his right knee. Client had to have surgery to remove the nail. Employer is claiming there was no employer/employee relationship.
  • Personal Injury Claim A personal injury claim involving a bus driver who battered and assaulted two minors. One minor has a possible mental health issue caused by the attack. The second minor jumped in to help, and driver struck her as well.
  • Car Accident Claim A car accident claim where our client, a police officer, was struck in the rear while on duty, by a drunk driver.
  • Workers' Compensation Claim A worker's compensation claim where client slipped and fell on ice, injuring his left knee and right hip. Client had to have hip replacement surgery and received a 25 percent rating on his knee.
Read More
Testimonials
  • “She was very professional, kept me completely involved and updated with everything. Awesome job done.”

    - T.D.

  • “Maria stayed on top of everything with updates, etc.”

    - J.M.

  • “Very good communication throughout my case. Brenda paid great attention to my case and kept me up to date.”

    - T.P.

  • “Both attorneys involved were very informative and walked me through my case every setp of the way. They answered any questions and concerns I had whenever they cam up. I was very nervous and skeptical at the beginning but that quickly changed.”

    - J.B.

See All Testimonials
Our Firm
Download Our App

Our Social Security Disability Help Center app can provide assistance if you've been involved in an accident. Use the links below to select and download our app for your Apple® or Android device.

Contact Us

Please fill out form below and one of our attorneys will contact you.

  • This field is for validation purposes and should be left unchanged.
Our Office Locations

Use the map below to find the location closest to you

  • -- mi
    Raleigh, NC
    207 W. Millbrook Road, Suite 215
    Raleigh, NC 27609
    • 1.(919) 848-2000 Tel
  • -- mi
    Charlotte, NC
    10130 Mallard Creek Road, Suite 110
    Charlotte, NC 28262
    • 1.(704) 341-5558 Tel
  • -- mi
    Jamestown, NC
    4915 Piedmont Pkwy., Suite 104
    Jamestown, NC 27282
    • 1.(336) 855-8554 Tel
  • -- mi
    Greensboro, NC
    222 S. Swing Road, Suite 6
    Greensboro, NC 27409
    • 1.(336) 855-8554 Tel
  • -- mi
    Winston-Salem, NC
    250 Executive Park Boulevard, Suite 107
    Winston-Salem, NC 27103
    • 1.(336) 760-9996 Tel
  • -- mi
    Durham, NC
    600 S. Duke Street
    Durham, NC 27701
    • 1.(919) 682-2111 Tel
  • -- mi
    Greenville, NC
    108 W. Firetower Road, Suite H
    Greenville, NC 28590
    • 1.(252) 757-7777 Tel
  • -- mi
    Burlington, NC
    2630 Ramada Road
    Burlington, NC 27215
    • 1.(336) 506-1041 Tel
  • -- mi
    Fayetteville, NC
    4200 Morganton Road, Suite 200-15
    Fayetteville, NC 28314
    • 1.(910) 484-3333 Tel
  • -- mi
    Asheville, NC
    603 Biltmore Ave
    Asheville, NC 28803
    • 1.(828) 412-3503 Tel
  • -- mi
    Wilmington, NC
    1213 Culbreth Drive, Suite 120
    Wilmington, NC 28405
    • 1.(910) 256-4445 Tel
View more