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.



doctor malpractice


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.

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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.

Different Types of Medical Malpractice - malpractice law firm Medical Malpractice It is the responsibility of medical professionals to care for the patients. However, medical malpractice occurs frequently. Take advantage of this free book to learn more about medical malpractice and legality of the subject. Free Ebook

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