Despite the education and intense training that doctors receive, medical professionals can still make mistakes due to careless oversight or a failure to follow protocol. When such an event occurs, injured patients may be entitled to file a lawsuit for compensation for any losses that ensue.

If you believe you were misdiagnosed by a physician, a Kingston failure to diagnose lawyer is available to discuss your legal rights and options. A hard-working medical malpractice attorney could be your steadfast advocate throughout the process of pursuing compensation.

Types of Diagnosis-Related Errors

Since doctors are trained to understand and recognize the symptoms of various illnesses and injuries, they should also know when a patient is at risk of developing an illness or injury in the future. If a physician does not understand the source of a medical condition, they have an obligation to refer the patient to another doctor who can investigate further or with more specific intent.

A mistake by a physician during this process can take one of several forms. Amongst others, these mistakes include the following:

  • Misdiagnosis – diagnosing a patient with a disease or condition they do not have
  • Failure to diagnose – failing to make a connection between a patient’s symptoms and a medical condition, and not taking appropriate action
  • Delayed diagnosis – not diagnosing a patient quickly enough before they suffer harm from the disease or medical condition

Studies show that diagnosis-based medical errors affect as many as 12 million patients every year, with half of these potentially resulting in severe harm. When a physician fails to diagnose a disease or condition accurately, any patient who consequently suffers undue harm should seek the representation of an experienced Kingston attorney.

The Role of Patient Responsibility

Courts may not classify a doctor’s actions as malpractice if they decide the doctor in question did everything in their power to make a proper diagnosis. While doctors must meet a certain level of medical care and treatment, patients must also have certain responsibilities.

If a patient does not describe all their symptoms in detail or they fail to relay important information to a physician, the physician may not be held responsible for a failure to diagnose the patient’s condition. Patients should relay any symptoms they experience to their legal counsel. These may include and are not limited to:

  • Persistent cough or blood-tinged saliva
  • Changes in bowel habits or blood in a stool
  • Unexplained fatigue
  • Persistent lumps or swollen glands
  • A change in urination
  • Obvious changes in a wart or mole
  • Indigestion or difficulty swallowing
  • Unusual vaginal bleeding or discharge
  • Unexpected weight loss
  • A high and persistent fever
  • Changes in personality and mood
  • Persistent headaches

What Constitutes a Failure to Diagnose?

Alternatively, physicians could be held responsible for a failure to diagnose if they do not take the proper steps to diagnose a medical condition. Depending on the circumstances, a failure to diagnose lawyer in Kingston could work to hold a physician liable if they failed to perform one or more of the following actions:

  • Ask about a patient’s medical history, as well as ask follow-up questions regarding any abnormalities
  • Test or screen for certain medical conditions
  • Interpret test results appropriately
  • Recognize symptoms
  • Refer patients to another doctor if they lack the relevant training
  • Diagnose the proper condition

During most malpractice proceedings, the court looks at medical records and consider expert testimonies to determine whether or not the physician should have been able to diagnose the condition.

Consult with a Kingston Failure to Diagnose Attorney

If your physician diagnosed you with the wrong illness or medical condition, a Kingston failure to diagnose lawyer could craft a legal strategy to help you effectively seek civil compensation. To learn more about how an attorney may help you with your case, reach out today.