Misdiagnosis / Failure to Diagnose

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“I got hurt on a cotton gin when the rollers on the condenser unit caught my arm and pulled me into the machine. Eric Marye and he worked on my case for about two years. He got my medical bills paid and I am getting a check every month from the insurance company for the rest of my life.” Jerry Alvarado

A patient complained to her doctor about a loss of blood, but the doctor did not fully appreciate her symptoms. When the symptoms persisted for more than a year, her doctor sent her to another specialist, who diagnosed rectal cancer. By then, the diagnosis was too late; the cancer had spread throughout her body. She died shortly after the correct diagnosis was made, leaving behind a grieving husband and three children.

That scenario is unfortunately all too real. Misdiagnosis and failure to diagnose are among the two most common types of medical malpractice cases. Misdiagnosis means that the medical staff has incorrectly diagnosed the patient’s symptoms, often leading to a course of treatment that is inappropriate -- and even dangerous. Failure to diagnose occurs when the medical staff misses key symptoms and warning signs of the patient’s medical condition. When that happens, a medical problem is left untreated and often worsens as a result.

Multiple factors can play a role in misdiagnosis and failure to diagnose, including:

• Failure to order a diagnostic test
• Misinterpretation of test results
• Failure to create a follow-up plan with the patient
• Failure to take the patient’s full medical history
• Failure to conduct a physical exam
• Error in judgment, faulty memory or medical knowledge
• Miscommunication when referring a patient to another doctor

When these mistakes occur, patients may suffer from very serious injuries and illnesses. The results of misdiagnosis can range from temporary illness or discomfort to death, and can include:

• Misdiagnosis or failure to diagnose cancer at an early stage of the disease. This error has very dire consequences, as many cancers such as colorectal, breast, and lung are more treatable if caught early enough. If those cancers are initially misdiagnosed and then discovered in an advanced stage, the patient may no longer have treatment options or time. Other conditions such as heart attack and appendicitis can have similar results if not properly diagnosed in a timely manner.
• Failure to diagnose broken bones and other painful injuries. When the proper tests aren’t ordered to diagnose a fracture, doctors may treat the injury as a sprain, leading to unnecessary and prolonged pain and suffering.
• Failure to correctly assess signs of distress during labor and delivery. There are key procedures in place in every hospital to monitor the vital signs of both mother and infant during labor and delivery. When these steps are skipped, or attending staff members miss signals of distress, serious injuries or death can occur.

In cases of misdiagnosis or failure to diagnose, the medical provider should be held accountable and victims are often entitled to financial compensation. An experienced medical malpractice attorney can help evaluate the circumstances of your injury or illness and determine whether you have a case. Malpractice attorneys typically work with accredited medical experts to evaluate whether health care standards were met, and provide you and your family with qualified opinions on any long-term health issues.

If you’ve suffered from medical malpractice injury in the state of Texas, you need a law firm with the experience to take on tough cases, and the client dedication to ensure your rights and interests come first. Contact The Law Offices of Eric H. Marye & Associates for a free case review at 888-483-9072 or contact us via email.