Failure to Diagnose Illness - Palm Beach Gardens Attorneys

Misdiagnosed Cancer · Misdiagnosed Heart Attack

In our society, we rely on our doctors for preventative health care, much as we rely on them to treat illnesses and repair injuries once they are diagnosed. Failure to diagnose serious illnesses, despite detectable symptoms or risk factors, may be medical malpractice — depending on the precise circumstances.

The definition of medical malpractice is when a doctor or other health care professional fails to act according to an acceptable standard of care for a doctor in the same field of practice in a similar community. The doctor's failure must also result in serious injury, unnecessary and severe pain and suffering, or premature death in order for a medical malpractice lawsuit to have a strong likelihood of success.

Failure to diagnose serious illness is a major category of medical malpractice. Doctors may commit medical malpractice involving failure to diagnose if they act or fail to act in the following ways:

  • Fail to order screening tests despite signs of illness or risk factors — for example, a dermatologist who sees an odd mole on a patient but fails to test for skin cancer
  • Mistaken analysis of diagnostic tests — for example, misdiagnosed cancer by a pathologist who analyzed a skin mole as benign that later was discovered to be incurable skin cancer
  • Failure to ask questions that will uncover a patient's risk factors for medical events like stroke, heart attack or cancer

A Florida Law Firm Fighting for Justice for Victims of Medical Malpractice

Cohen Milstein Sellers & Toll PLLC, is a Florida medical malpractice law firm where the focus is on providing intelligent, compassionate legal representation to individuals who have suffered serious injury or loss due to acts of medical malpractice, such as failure to diagnose serious illness.

If you have concerns about failure to diagnose, it is best to take action as soon as possible — both to protect your health and your legal rights. For example, if you suspect that your doctor has not performed thorough testing or screening, you should seek a second medical opinion as soon as possible.

You should also seek a professional legal evaluation of your medical records. Our legal team at Cohen Milstein Sellers & Toll PLLC offers a complimentary claim evaluation in medical malpractice cases. We will work with an expert doctor to review your medical records and provide our professional opinion regarding any possible legal claims.