Major diagnostic errors result in an estimated 40,000 to 80,000 deaths per year, according to the Society to Improve Diagnosis in Medicine (SIDM). Along with misdiagnosis, failure to diagnose or a delay in diagnosis account for the majority of medical malpractice claims and often cause severe harm to patients.
Specific procedures must be followed to file for compensation in Indiana medical misdiagnosis cases. To ensure that a failure to diagnose lawsuit is properly handled, residents of the greater Indianapolis area should consult with an experienced Indianapolis medical malpractice lawyer, like the ones at Camden & Meridew, P.C.
When Is Failure to Diagnose or a Delay in Diagnosis Considered Medical Malpractice?
Failure to diagnose a serious medical condition or disease, or a delay in the diagnosis of such, may amount to medical negligence and constitute medical malpractice under the law. However, there are many factors at play in these cases. It can be difficult to prove that the health care provider or other responsible parties were wrong or negligent in their actions or inactions.
If you or a loved one were harmed by failure to diagnose or a delay in diagnosis, working with an Indiana medical malpractice lawyer with extensive knowledge of these cases, access to medical experts who can testify on your behalf, and the ability to gather and present evidence to support your claim are critical.
How Does Failure to Diagnose or a Delay in Diagnosis Happen?
A medical diagnosis failure or delay can occur in various situations and involve various at-fault parties. The following are examples of behaviors or circumstances that could indicate negligence on the part of a provider or another party, like an equipment manufacturer:
- A health care provider did not properly record symptoms reported by you or your loved one.
- A provider did not properly perform a thorough physical examination.
- A provider did not order appropriate diagnostic testing.
- A provider did not review the personal and medical history provided.
- The equipment used in diagnostic testing was inadequate or malfunctioned.
- A provider (or equipment/computer used to analyze test results) interpreted the results of diagnostic testing incorrectly.
- The provider did not convey the results of the diagnostic tests clearly and appropriately, ensuring that the patient or family understood the diagnosis.
This is not a comprehensive list of the possible ways malpractice can occur in the diagnostic stage, and every case is different. To understand how the law applies to your case, it is best to consult with a knowledgeable medical malpractice attorney.
Filing a Failure to Diagnose Lawsuit in Indiana
Indiana medical misdiagnosis cases and other medical malpractice claims are governed by Indiana Code article 34-18. In addition to meeting the procedural and time requirements of the statute, to be eligible to file a failure to diagnose lawsuit in Indiana, you must prove that the health care provider was negligent. This means that the person or entity involved did not provide the standard of care and take the actions that would reasonably be expected in the situation in question.
How to Win a Medical Negligence Case
Proving medical negligence can be an uphill battle. It is critical to gather and preserve evidence and to file claims as prescribed by the law in a timely fashion. To recover compensation through an Indiana failure to diagnose lawsuit, your best bet is to work with an experienced attorney to do the following:
- Gather and preserve medical records and other relevant evidence;
- Consult with knowledgeable medical experts who can testify on your behalf;
- Timely and effectively file the claim according to the provisions of Indiana law; and
- Negotiate and litigate on your behalf as needed.
Contact an Indianapolis Medical Malpractice Lawyer
If you believe you are eligible for compensation due to harm caused to you or a loved one as a result of a health care provider’s failure to diagnose or a delay in diagnosis, Indianapolis medical malpractice attorney David Allen at Camden & Meridew, P.C. is ready to help. Contact David today by calling 317-770-0000 or completing the firm’s online contact form to schedule a consultation.