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” / > Can My Doctor Fail to Diagnose My Illness? Can I Sue?
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$68 MillionLargest Jury Verdict in Fresno County history for failure to comply with hospital standards for patient safety, leaving elderly man in permanent coma. Jury also awarded punitive damages.
$5.5 MillionSettlement for failure to diagnose acute blood loss after cancer surgery resulting in brain damage to physician
$7 MillionPlus Settlement: Negligent performance of intubation post-operatively, resulting in severe brain damage to minor child.
$10.8 MillionConfidential settlement for an adult who suffered catastrophic injury from a stroke
$22 MillionRobyn Frankel vs. Palo Alto Medical Foundation GroupJury verdict for paralysis caused to patient after an unnecessary procedure.
$4.25 MillionSettlement for failure to quickly respond to a minor plaintiff’s hyperthermia after surgery resulting in catastrophic injuries including brain damage
$4 MillionSettlement for failure to diagnose fetal distress resulting in minor plaintiff suffering from severe static encephalopathy
$5.5 MillionSettlement for failure to diagnose and treat kernicterus resulting in severe brain damage of child

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    Can I Sue My Doctor for Failing to Diagnose My Illness?

    Photo of a Patient Experiencing Hospital Negligence

    Most medical malpractice injures are the result of a doctor or other medical practitioner’s negligence. These injuries can be complicated to diagnose and treat. In addition, it can be difficult to prove who exactly was responsible for the injury if during the time of your treatment you met with multiple medical staff. If negligence is proven, however, the patient could receive generous compensation.

    One common medical error people file a medical malpractice claim for is the failure to diagnose. Failure to diagnose happens when the doctor misses the connection between the patient’s symptoms and their medical condition. In addition, no course of action is taken to treat the patient. Keep in mind that if a doctor doesn’t diagnose you or you are unhappy with their diagnosis, that doesn’t necessarily mean you have a strong case against the doctor. Diagnosing illness and disease can be complex and the most experienced doctors sometimes do struggle to identify their patient’s ailment.

    Doctors are expected to uphold their duty of care and provide their patients a proper standard of care. In addition, to prove that a doctor acted in a negligent manner, injured patients will have to prove:

    • The doctor had a duty of care and breached it by acting in reckless or careless manner
    • The breach of duty of care lead to damages to the patient
    • The damages sustained due to the breach can be covered by monetary value

    If you’re unsure whether you have a strong medical malpractice case, schedule a consultation with an attorney at the Mitchell Leeds, LLP. We can look over and offer legal advice on how to strengthen your medical malpractice case. Contact us today.

    lorum ipsumlorum ipsum Say

    "In over 25 years of practice on the defense side of malpractice cases, Jeff Mitchell is the attorney I fear most. He takes very good cases. Jeff has the medicine and the applicable literature down cold. He is without a doubt the best cross-examiner I have ever seen. I have paid his clients a lot of money over the years."
    - John M.

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