Failure to Diagnose

What is it?
Failure to Diagnose occurs when a doctor does not accurately diagnose a treatable condition when symptoms first appear.

Some of the most commonly missed diagnoses are:

  • Cancer
  • Heart attack
  • Neurological disorders
  • Heavy metal poisoning
  • Asthma
  • Bacterial meningitis

Delayed Treatment occurs whenever a doctor does not provide treatment in a timely manner, as determined by the accepted standards of care. It can be an extension of the failure to diagnose an illness in a timely manner, or it can be the result of other negligent or careless behavior. Whatever the cause, delays in treatment can limit options for treatment of some diseases, resulting in premature death or a decreased quality of life for the patient.

In addition to the physical effects, both failure to diagnose and delayed treatment can have significant emotional effects to the patient and their family, who are often tormented with the knowledge that their diminished condition might have been preventable if only it had been recognized sooner.

What causes it?
Failure to diagnose, misdiagnosis, and delayed treatment are not always medical malpractice, but it can be. There are standard procedures that doctors and other caregivers must follow in assessing the condition of a patient. If a doctor fails to follow these procedure in ordering appropriate diagnostic tests, or ignores or misses obvious symptoms, he or she could be liable.

Why Jacobs and Goodman?
Medical malpractice is a specialty of our firm. We have extensive experience litigating failure to diagnose and delayed treatment cases. To investigate such a case, we consult medical experts, we review medical records, interview eyewitnesses, and identify medical mistakes that can lead to late diagnoses of cancer and other serious illnesses.

We know the other side. Many of our attorneys have worked for the defense side early in their careers, defending hospitals and doctors, so we know how the other side thinks, what tactics they’ll try, and what actions to take to counter them.

We have the financial resources. Insurance companies have deep pockets, and they spend that money to not only fight your claim, but to prolong the case with the hope of breaking you financially. We have the financial resources to fight them, and we’ll spend whatever is necessary to bring in the best experts and follow the case to the end, without cutting corners.

We’re experienced trial lawyers. We approach each case as though we’re going to trial. While many of our cases settle out of court with satisfactory remuneration for the client, it’s only because the defense knows we can take it to trial effectively.

At Jacobs & Goodman:

  • You always get an attorney, never a case manager like at other firms.
  • We take a personal interest in your case, and help you through every aspect, including helping you deal with medical leins and debts.
  • We work on a contingency basis, which means if we don’t win your case, you don’t pay.

If you think you or a loved one has been the victim of medical malpractice due to delayed treatment or failure to diagnose, contact us to schedule a free consultation.