Austin Failure to Diagnose Lawyer
Have you suffered because a doctor in Austin, TX failed to diagnose or treat your condition? If you’ve been harmed by an avoidable error, you may be entitled to compensation in a Texas failure to diagnose lawsuit.
The experienced Austin failure to diagnose lawyers at Lorenz & Lorenz, LLP, will fight for your rights.
Call our dedicated and aggressive central Texas personal injury law firm to schedule a free consultation now.
How an Austin Personal Injury Lawyer Can Help With Your Failure to Diagnose Case
While a diagnosis of a disease or illness is difficult to go through, not being told that you have an illness when you need medical attention can be devastating. When your doctor fails to diagnose you as another reasonably competent doctor would, you may be entitled to financial compensation in a medical malpractice or medical negligence claim.
To succeed in a medical malpractice claim, you will need a strong, knowledgeable, and experienced Austin personal injury attorney to represent you. Medical malpractice claims are heavily defended by expert attorneys who are hired by well-funded insurance companies. A lawyer who understands the legal processes and evidence and experts required will give you the best chance to receive full and fair compensation for your medical malpractice injuries or loved one’s wrongful death.
At Lorenz & Lorenz, LLP, we have decades of combined experience fighting on behalf of injury victims like you. Call our Austin, TX law office to schedule a time to discuss the details of your case with our team today.
Examples of Failure to Diagnose
Examples of situations that could be determined failure to diagnose, delayed diagnosis, or misdiagnosis include:
- Failure to diagnose an aneurysm
- Failure to diagnose appendicitis
- Failure to diagnose bowel obstruction
- Failure to diagnose bowel perforation
- Failure to diagnose breast cancer
- Failure to diagnose colon cancer
- Failure to diagnose conditions during a pregnancy, resulting in birth injuries
- Failure to diagnose a heart attack
- Failure to diagnose melanoma
- Failure to diagnose preeclampsia
- Failure to diagnose scoliosis
- Failure to diagnose spinal meningitis
- Failure to diagnose a stroke
- Failure to make referrals when necessary
- Failure to order proper testing
- Failure to read radiological tests (X-rays, MRIs, and CT Scans).
A failure to diagnose claim may be brought against any provider that fails to diagnose a condition, which leads to harm. Health care providers could include:
- Emergency room physician
- Nurse practitioner
A specialist may be held to a different standard of medical care than a general practitioner or non-specialist. To learn more about your legal rights and options, contact us to arrange a free consultation. If we represent you, we will not charge any fees unless we recover money for you.
Elements of a Failure to Diagnose Lawsuit
Proving that a doctor failed to diagnose, misdiagnosed, or failed to treat you can be complex. These cases can be more complicated than the medical malpractice cases where the negligence was obvious (like amputating the wrong limb, or leaving a surgical tool in a patient).
Failure to diagnose cases will require testimony from a medical expert (not all states require expert witness testimony in a medical malpractice case, but Texas does). The judge and jury simply will not be able to understand medical language without an expert breaking it down. While the judge and jury are not required to agree with the expert’s opinion, they must use the information to consider the facts.
We often hear about the “4 D’s” of medical malpractice: duty, deviation, direct cause, and damages. A failure to diagnose medical malpractice claim will center around two important questions:
- Did the doctor have a duty of care to you? For example, you went to an emergency room or requested their services at their office.
- Did the physician follow the standard of care for doctors in the same position?
- Did the physician’s failure to follow the standard of care cause the patient to be injured or harmed?
- Did you suffer physical, emotional, or financial harm (damages)?
Standard of Care
The standard of care is simply, how a doctor is supposed to care for a patient. In the course of a medical malpractice investigation, the court will look at if the majority of other doctors with the same qualifications would have acted differently when presented with your symptoms.
Link Between Failure to Follow the Standard of Care and Injury to Patient
The second half of a failure to diagnose medical negligence claim is establishing that negligence caused harm. For example, if you believe that your cancer diagnosis was delayed, you must prove that it was specifically the delay that caused harm. If the cancer likely would have progressed anyway, you may not be successful in a medical malpractice claim.
When actor and comedian John Ritter died of aortic dissection in 2003, his widow filed a failure to diagnose wrongful death lawsuit against his radiologist and cardiologist, for failing to diagnose his signs and symptoms. The lawsuit alleged that doctors misdiagnosed his aortic dissection as a heart attack, and gave him blood thinners. Eventually, his doctors were cleared of wrongdoing, with the reason being that even if his doctors had caught the aortic dissection, he would have died anyway.
Determining if you have a case for medical malpractice goes far failure to diagnose can be complicated and challenging. If you believe you or someone in your family may have experienced a failure to diagnose, call us at 1-800-TELL-TED.
Failure to Diagnose, Delayed Diagnosis, or Misdiagnosis
A misdiagnosis can occur when the doctor does not take a patient’s symptoms seriously. For example, an emergency room doctor could see a patient with chest pains and diagnose indigestion when they are really having a heart attack.
Many “failure to diagnose” cases are really “delayed diagnosis” cases where the initial failure to diagnose was later identified. A delayed diagnosis can be a disease or cancer that will progress to a much more serious problem. In other words, something that is initially treatable with a good prognosis can become something untreatable, with a poor prognosis.
To speak with an attorney about your potential case for failure to diagnose, delayed diagnosis, or Misdiagnosis, contact us. We have been representing Texans in medical malpractice claims since 2001. Our team is available 24/7 to take your call.
Damages Available in an Austin Medical Medical Malpractice Claim
When a doctor fails to diagnose a condition, it can lead to a downward spiral or worsening events all of which can be physically, emotionally, and financially devastating. Damages may be available for:
- Delayed or no treatment (or too little, too late)
- Anxiety and emotional distress
- Lost wages due to being unable to work, or lost earning capacity
- Increased physical discomfort
- Increased medical bills and expenses.
- Temporary or permanent disability
- Worsening of symptoms
- Worsening of the condition
- Wrongful death.
You may be entitled to compensation for all actual damages for past, current, and future medical care. In Texas, non-economic damages for pain and suffering are capped at $250,000 per plaintiff, or up to $500,000 if multiple defendants are responsible.
Pregnancy-Related Failure to Diagnose
Failure to diagnose a condition during pregnancy can be especially devastating. During pregnancy, an expectant mother relies greatly on the care and knowledge of obstetricians, midwives, nurse practitioners, and other health care professionals. Medical malpractice from failing to diagnose can lead to devastating complications and even death. Failure to diagnose related to pregnancy may include:
- Failing to conduct a proper physical exam and review the mother’s medical history
- Failing to detect and diagnose if the infant is too large for a normal delivery or in the breech position
- Failing to detect fetal distress
- Failing to detect, diagnose, and treat maternal preeclampsia
- Failing to diagnose and treat infant health problems such as jaundice
- Failing to diagnose ectopic pregnancies
- Failing to diagnose placenta previa or placental abruption
- Failing to diagnose prolapsed umbilical cord
- Failing to diagnose rH incompatibility
- Failing to monitor and detect gestational diabetes
- Failing to monitor and detect maternal infections
- Failing to order proper screenings and tests.
If you have questions about your rights to compensation for a failure to diagnose a condition leading to birth injury, loss of a pregnancy, or illness/injury to a mother, contact our Austin failure to diagnose attorneys for a free medical malpractice consultation today.
The Statute of Limitations For a Failure to Diagnose Lawsuit in Texas
Every state, including Texas, has a statute of limitations, which sets a time limit for how much time you have to bring a claim for medical malpractice or wrongful death. In Texas, healthcare liability claims are governed by Chapter 74 of the Texas Civil Practice and Remedies Code, which details several mandatory procedures, including gathering medical records and preparing medical expert reports. You have two years from the date that the standard of care was breached to file a claim. If the exact date of injury cannot be determined, you have two years from the conclusion of treatment (this date is subject to dispute and it is not recommended you rely on).
Do not let negligent doctors and health care providers get away with paying you nothing by letting time limits expire. Contact our Austin medical malpractice lawyers as soon as possible, to ensure you don’t encounter any statutory time limit issues.
Contact An Austin Failure to Diagnose Attorney For a Free Case Evaluation
It’s not always simple to know if you have a medical malpractice or medical negligence case. If you believe you or a loved one is the victim of medical malpractice in Texas, contact Lorenz & Lorenz, LLP to schedule a free consultation. Our Austin failure to diagnose lawyers will review your case, answer your questions, and explain your legal options.