“Failure to Diagnose” Defined

Discussion in 'Fibromyalgia Main Forum' started by lenasvn, Nov 11, 2006.

  1. lenasvn

    lenasvn New Member

    An issue all to common, and an issue that makes me fume, both for myself and others. I don't think it matters what kind of illness it is, if it has an impact on your daily life (sometimes severely) or worse, it is malpractice regardless. I think we need to pepp eachother here, I see many of us suffer needlessly. As for my own doc, he has not diagnosed me for sure since I met him in January, and have not verified my "claims" of illness with any testing. I am NOT happy.

    “Failure to Diagnose” Defined
    When you visit the doctor, you have a reasonable expectation of being able to trust your doctor’s expertise. Your medical concerns should be recognized and treated in a timely fashion. If your doctor either reaches the wrong conclusion or fails to recognize your condition, he or she may be liable for a form of medical malpractice known as failure to diagnose. Our attorneys, serving Phoenix and Arizona, will pursue your case if it qualifies by having any of the following characteristics of failure to diagnose:

    Your treatment consisted of errors that would not be expected from a well-trained doctor
    Your doctor failed to study your medical history
    Your doctor failed to conduct proper diagnostic testing
    You were diagnosed as having a disease or condition that you did not actually have
    Obvious symptoms of a particular condition were ignored
    You were given medical advice that kept you from seeking further medical treatment
    Your diagnosis resulted in your existing condition causing further illness
    Most failure to diagnose cases can be separated into two main categories: delayed diagnosis means that obvious symptoms were overlooked or dismissed; misdiagnosis pertains to a disease or condition being wrongly diagnosed as a different medical problem, and possibly treated wrongly as a result.

    Misdiagnosis is the most recognizable type of failure to diagnose; however, our lawyers in Phoenix emphasize that delayed diagnosis is a far more common situation, and just as dangerous to your health. For example, if you have lung cancer but your doctor wastes precious treatment time by suggesting that you have a respiratory infection instead, your long-term health and even your life may be in jeopardy. To find out if your delayed diagnosis is due to a failure to diagnose, the attorneys of Arizona law firm Phillips & Associates can review your case in a free consultation; contact our medical malpractice attorneys today.

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    Conditions Commonly Misdiagnosed
    Just about any condition or disease can be misdiagnosed or delayed in diagnosis. The tendency for a doctor’s failure to diagnose often stems from incomplete or incorrect information gathered by assistants, nurses, or other doctors. However, this lack of communication does not lessen the doctor’s responsibility to provide accurate treatment – the results are simply too important. Below, some of the conditions most severely affected by a failure to diagnose have been compiled by our attorneys.


    [This Message was Edited on 11/11/2006]
  2. kjfms

    kjfms Member

    First of all I do not want to offend you but this is an advertisement from a law firm so of course they're going to make it "sound" less complex than it actually is.

    Here is a site you may want to check out:


    What Is Medical Malpractice

    Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury.

    Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action.

    Examples of medical malpractice include:

    Misdiagnosis of, or failure to diagnose , a disease or medical condition;

    Failure to provide appropriate treatment for a medical condition;

    Unreasonable delay in treating a diagnosed medical condition;

    Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

    Limits on Malpractice Damages

    In Arizona, caps on damages are constitutionally prohibited.

    Collateral Source Rule

    Under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage.

    For medical malpractice cases in Arizona, evidence of collateral source payments is admissible at trial, and there is a discretionary offset against damages for such payments.

    Rules for Expert Witnesses

    Arizona does not have special rules for expert witnesses in medical malpractice cases.

    Joint and Several Liability

    Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment.

    Arizona has modified this rule such that a party is liable only in proportion to the extent of that party's fault, unless the party acted in concert with another defendant.

    Statute of Limitations

    Medical malpractice actions must be commenced within 2 years from the date of injury. An injured minor must file suit within two years of his or her eighteenth birthday.

    Limits on Attorney Fees

    Arizona does not limit attorney fees, but a court may review the reasonableness of an attorney fee upon the request of either party.

    Additional Rules

    A good cause hearing is held to determine if there is a basis for a case to proceed to trial.

    Why Use A Malpractice Lawyer

    Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.

    Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00.

    Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.

    Even within the specialized practice of medical malpractice law, you will find that some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.

    Again not trying to offend just trying to help. IMHO the lawyers are in it for the money not for the patient so of course an advertisement for this type of thing is going to be word just the right way ...

    Unfortunately a lot of cases never make it to court because of lack of evidence.

    I do however agree with you if you physician isn't running test to rule out other diagnoses and diseases something should be done.

    I agree communication is the key but the patient has responsibility also -- diagnosis and treatment must be a team effort. (This is not aimed at you lenasvn :) [or anyone for that matter] I am sure you communicate very well with your physician. I just tossed it in).

    I certainly wish you the best of luck. I do hope you find some answers soon. I will keep good thought for you.

    Take care of you,

    Karen :)

  3. lenasvn

    lenasvn New Member

    Yeah, my first doc misdiagnosed me with RA and made me take meds for it that made me quite ill (7 months). Then I went to a new doc when this doc told me I should "suck it up" when I had stroke like events and chock like sensations thru my spine. The next doc I had to convince I did not have RA, and that I as a matter of fact had something else. If he believed me he would have referred me.

    The symptoms I have are "elegible" for referral, but- he won't. When DSHS ask for verification from him that I am unable to work- he won't. I have prepared myself and am going to make things really uncomfortable for him unless he gets his act together. I might do it anyway, I have spent 10 months not being fully diagnosed, or helped. Meds only for hypertension and migraines (which I already had before).
  4. lenasvn

    lenasvn New Member

    I am not so into the legal stuff. My basic thought is Failure To Diagnose. Not nessecarily lawsuits for malpractice. I'll keep looking into what it means (from a non-attorney page) to fail to diagnose. I have spent too much time waiting for a dignosis(es), unable to work, worsening neuropathy, postural tachycardia (with heart disease in the family) and dangerously high BP. All the things that happens to my system while I'm not being diagnosed or treated. Sweet. Yes, I'm mad.

    Thanks for great info!
  5. lenasvn

    lenasvn New Member

    Ok here is one that has no interest in your money. They mention some conditions like Glaucoma, Sjogren's, etc etc, not being diagnosed. Very interesting indeed, but hard to copy and paste, so I'll just provide the link:

  6. kjfms

    kjfms Member

    oops my mistake -- I understand more now I think -- sorry about that :)

    OMG I would say you are mad and have every right to be. Is there anyway you can find another physician?

    If at all possible get away from this physician -- OK?

    This is just terrible lenasvn -- tell that physician to quit wasting you time and refer you to someone who can help.

    Oh you will like wrongdiagnosis it is a good site. I look around and see if I can find anything that may help you a little.

    If I find anything I will post it.

    Take care,

    Karen :)
  7. lenasvn

    lenasvn New Member

    Oh, Karen, don't worry, and sorry if I'm barking. It's not personal at all! I think I stayed so long because I didn't want to get "doctor-hopper" on my record. 2 docs in the road that just fart around won't look good on my behalf. I think I should just get copies of all files. That will make someone uncomfortable,,,don't want to be mean, but I've been nice for too long!

    Yes, I am planning for another doc (I'm tired of starting all over again), but want to question my doc eye to eye before I leave! I think my viking genes are starting to show,,,LOL! He should be happy I'm in bad shape, or I would have shown him my good'ol self,,LOL!

    Many thanks and hugs!

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