MISTAKES & DELAYS IN DIAGNOSIS
Malpractice claims involving mistakes and delays in diagnosis – including diagnosis errors, negligent delays in diagnosis, or misdiagnosis leading to ineffective or counterproductive treatment – can be difficult to prove. A number of factors could lead to these types of mistakes and delays and, if you or a family member suffer injury from such an incident, you’ll want to rely upon experienced legal advice for your case.
For a free consultation discussing your rights in a malpractice case involving mistakes and delays in diagnosis, contact the Massachusetts medical malpractice lawyers at Kenney & Conley today, toll free at (781) 848-9891.
The Causes of Mistakes & Delays in Diagnosis
Many factors can lead to the misdiagnosis of an illness or medical condition: a radiologist might fail to detect a malignant tumor on an x-ray, a surgeon might fail to refer a patient to an oncologist or cardiologist for a condition that was noticed during surgery, or an internist might conclude that blood in the stool might simply reflect hemorrhoids and therefore fail to order a colonoscopy to check for cancer. In many instances of medical misdiagnosis, the physician might simply conclude that the patient is too young or healthy in appearance to be at risk for the heart attack or stroke that proves fatal.
At Kenney & Conley, we emphasize thorough investigation and analysis of a misdiagnosis claim. Prior to filing a lawsuit, our research includes discussion with medical specialists from the relevant disciplines. We understand our obligation to obtain the support of medical experts to vouch for the allegations of the initial complaint. Our attorneys will also present the claim for malpractice before a screening tribunal composed of a doctor, a lawyer, and a judge prior to filing suit. The medical malpractice tribunal decides whether the plaintiff has a good chance of proving negligence against the defendant, or whether the plaintiff’s condition simply reflects an “unfortunate medical result.” Our exhaustive review of the misdiagnosis claim as to both liability and damages helps us overcome these procedural hurdles in order to help you receive the compensation that you deserve. Our priority is to provide you with the best possible service and the best possible results.
Because claims of failure to diagnose can cover such a broad range of illnesses and lapses of professional judgment, it is difficult to generalize about these claims, except to observe that causation – the link between a physician’s negligence and the patient’s further injury or death – is usually the most difficult element of the case to prove. For example, in a case alleging a failure or delay in diagnosing cancer resulting in the patient’s death, the defense can try to show that the cancer would have been fatal even if discovered long beforehand, or that it would have been inoperable. The attorneys at Kenney & Conley will help to evaluate your claim to ensure that the best possible case is presented.