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Failure to diagnose can be difficult to prove

In one of our previous posts, we discussed the fact that skin cancer is sometimes misdiagnosed. Other conditions, including other cancers, heart attacks, and strokes, can also be misdiagnosed. In all of those cases, the patient can suffer harm. Even when there is harm present, it can be difficult to seek compensation.

Not all cases of a failure to diagnose would be compensable. There are certain elements that must be present. Generally, there would have to be a misinterpretation of tests or medical records that led to the misdiagnosis. In some cases, this could be because the doctor simply didn't do the necessary tests that should have been done based on the presenting symptoms.

When you want to seek compensation for a failure to diagnose, you have to consider the reason the failure occurred. We can look into your case and help you to determine the cause of the misdiagnosis. From there, we can explore the options that you have for seeking compensation.

One of the concepts that is used to determine if the misdiagnosis was because of a mistake or an error is that of standard of care. A doctor who upholds the standard of care acts in the same manner that any other doctor in the same circumstance and with the same training and information would act. When the standard of care isn't upheld, the doctor might be held accountable for the failure to diagnose.

We acknowledge that it is often very difficult to prove failure to diagnose. We will put our resources to use to prove your case for compensation.

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