Doctor Malpractice – Failure to Diagnose
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.
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Last Updated:
March 21, 2025
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.
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 Law to speak with a medical malpractice lawyer who can guide you through the process of pursuing a medical malpractice lawsuit.
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Notable Case Results
$300,000
Client was driving on Douglas Avenue in North Providence. Defendant failed to stop and t bone our client. Our client was rushed to Fatima Hospital. Suffering from shoulder pain which needed surgery. The defendants insurance company tried to say the injuries were pre-existing but our firm was able to get medical opinions that proved the injury was from the accident. Allowing us to settle the file.
$125,000
Client was getting off of 95 near Roger Williams Zoo when the defendant tried switching lanes hitting the rear and side of our clients car. Client had several pre exisiting health issues and the insurance companied denied her injuries. Our attorney was able to relate the injuries were caused by the accident by getting older medical records.
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James Hudson
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Cidalia de Oliveira
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Additional Resources
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