Doctor Malpractice – Failure to Diagnose

Home / Medical Malpractice Lawsuit / Doctor Malpractice – Failure to Diagnose

ROB LEVINE, MEDICAL MALPRACTICE LAWYER

VICTIM OF A MISDIAGNOSIS? GET AN ATTORNEY

Misdiagnosis is one of the most common claims for medical malpractice lawsuits. In these cases, the medical professional has failed to properly diagnose a patient with a condition that leads to further harm or death. Misdiagnosis can lead to the prescription of incorrect medications that cause harm to the patient rather than treat them in any way.

GET HELP NOW! THE HEAVY HITTER® IS HERE FOR YOU

CONTACT US NOW FOR ASSISTANCE 24/7.  NO FEES UNTIL YOU WIN

CASE EVALUATION
CALL NOW
CHAT LIVE
doctor malpractice

UNDERSTANDING THE PROCESS

This type of case will also require the plaintiff to provide the standard of care for the type of condition they have to prove that there was negligence on the doctor’s part. Typically, this involves a specialist in the field related to the actual diagnosis testifying what tests should have been completed and when the proper diagnoses should have been decided.

Depending on the case and diagnosis, another possible explanation for misdiagnosis is faulty lab test or results. If the test was given at the wrong time or results were misinterpreted, the medical professionals involved could be held liable. However, the exception to this rule is for first responders or EMTs, who are immune to malpractice suits unless they act out of serious recklessness.

doctor malpractice lawyer

HOW AN EXPERIENCED MEDICAL MALPRACTICE LAWYER CAN HELP

When choosing to pursue a misdiagnosis claim, the patient must provide the standard information for a medical malpractice lawsuit. The patient must give proof that the doctor was hired to treat him/her and that the diagnosis given, or failure to diagnose, caused harm or injury to the patient.

Have you been the victim of misdiagnosis or other medical malpractice? Call Rob Levine & Associates to speak with a medical malpractice lawyer who can guide you through the process of pursuing a medical malpractice lawsuit.

FAQs About Your

Medical Malpractice Case

How do I know if I have a medical malpractice case?
Medical Malpractice is a form of professional negligence that can be committed by any medical professional who is involved in giving care to a patient. To prove medical malpractice, a claimant must show that a doctor-patient relationship existed, that the professional violated the standard of care, and an injury resulted from that violation.    
What is “informed consent” and how does this relate to malpractice?
In Rhode Island, informed consent refers to the conversation a medical professional has with their patient when they explain the proposed course of treatment and its risks. The physician must also offer information for alternative treatments and/or the option of not treating a specific illness. Rhode Island requires a five-part test to decide if there is validity in a medical malpractice case surrounding a lack of informed consent. This test includes: the physician’s explanation of risk was inadequate, the risk was known and withheld by the physician, the risk was a valid concern, and the injury in question was caused by this undisclosed risk.
How can a jury determine if a physician’s actions were negligent?
All medical professionals are expected to abide by a standard of care. A judge is responsible for questions of law. A juror is a trier of fact. While a jury listens to an entire trial, their job is to take the law as described to them by the judge and apply all of the facts and information that were relayed to them through testimony throughout the trial. A jury is then responsible for rendering a verdict based on the law given to them during jury instructions by the judge and their opinion a to whether or not the case presented by the plaintiff meets or exceeds the standard of law as defined by the judge of negligence by the medical professional.
What are examples of medical malpractice?
A licensed medical professional's actions that fall below the standard of care include failure to diagnose/misdiagnosis, failure to order proper testing, failure to recognize symptoms, misreading/ignoring laboratory results, surgical errors or wrong-site surgery, improper medication/dosages, unnecessary surgery, poor follow-up or aftercare, premature discharge, or disregarding or not taking an appropriate patient history.  
How much time do I have to start my case?
The statute of limitations for medical malpractice cases in Rhode Island is up to three years after the discovery of their medical condition. In Massachusetts, patients are given up to three years from the discovery date if they would not have reasonably known of the malpractice. In Connecticut, patients are given up to two years to file their case.
Do I have any medical rights?
You have the right to:
  • Access information regarding your case that is accurate, easy to understand, and in your language.
  • Access any assistance you may need to understand your medical information.
  • Be involved in decisions regarding your medical treatment.
  • Receive respectful care from any medical professional.
  • Confidentiality regarding your medical care and treatments.
  • Read and copy your medical records to ensure accuracy.
  • File a complaint against any medical staff who treats you.
All FAQs
Helpful Resources About Your

Medical Malpractice Case

Medical Malpractice Blogs

PTSD & Veterans Health

In honor of Mental Health Awareness Month as well as Memorial Day, it’s important to shed light on the population of vulnerable veterans who struggle with lasting effects on their mental health from their time in service. As a veteran, you sacrifice time, energy, and mental health to serve and protect this country. Veterans are […]
Read More

Mental Health Awareness Month

When’s the last time you did something for your Mental Health? May is Mental Health Awareness Month. Here at Rob Levine & Associates, we see firsthand how traumatic life events can cause serious effects to someone’s mental health. This month we are bringing awareness to mental health and celebrate mental wellness. Mental Health Malpractice Mental […]
Read More

Understanding Medical Malpractice

As Americans, we have the luxury of visiting some of the most established hospitals in the world for something as small as a seasonal cold. This normalized trust and respect that is put into the medical industry can be credited to the amazing advancements doctors and scientists have developed to make a healthier world.  As […]
Read More

A Missed or Delayed Cancer Diagnosis May Qualify As Medical Malpractice

Modern medicine and technology have given many patients better odds when it comes to medical diagnoses. However, especially when it comes to aggressive conditions such as cancer, a timely and detailed diagnosis is key to increasing the patient’s chance of survival. If you are a cancer patient whose recovery was hindered due to a medical […]
Read More

Mental Health Matters: How to Win a Psychiatric Malpractice Case

World Mental Health Day is Sunday, October 10th. The purpose of this day is to raise awareness of mental health matters and encourage equal access to mental health services. At Rob Levine & Associates, we believe that mental health concerns should always be treated with the utmost care. However, there are times that mental health […]
Read More

Ensuring Your Safety as A Patient

Medical malpractice is more common than you might think. It is estimated that 1 in every 10 patients is harmed while receiving hospital care. The effects of unsafe healthcare practices are one of the 10 leading causes of death and disability worldwide. While medical professionals are meant to practice patient safety, there are also steps […]
Read More
More Posts

Stay Informed with Rob's Newsletter

Rob Levine Law logo
Lead attorney Rob Levine has become known to have one of the most aggressive approaches to personal injury litigation in the tri-state area. It’s this willpower that has earned Levine the title of “THE HEAVY HITTER ®” in Rhode Island, Massachusetts, Connecticut, and beyond.
Contact Info
Rob Levine Law
544 Douglas Ave
Providence RI 02908
(800) 742-3920
Get Directions
Also of Interest: