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What is a failure to diagnose?

A failure to diagnose the results in the wrong treatment or no treatment at all can be harmful to a medical patient and may be considered medical malpractice. Legal protections through a medical malpractice claim for damages can help victims attempt to recover compensation for the harm they have suffered as a result of a failure to diagnose.

If a failure to diagnose, delayed diagnosis or incorrect diagnosis that results in a disease progression beyond that which would have resulted had the medical condition been properly and timely diagnosed occurs, the medical professional may be liable for medical malpractice and the harm the victim suffered. When determining if the doctor or medical care professional was negligent, the court will determine what a reasonably prudent doctor, in similar circumstances, would have done.

If the doctor or medical care professional acted in a way that met the standard of care, as determined by what a reasonably prudent medical professional would have done in the same or similar circumstances, then they may not be considered liable. If they acted otherwise, they may be liable to the victims for the damages they have suffered. The wrong treatment may cause harm to the victim and may cause the condition that is not being treated to worsen.

As a result, victims may be able to recover compensation for their physical, financial and emotional damages. Medical malpractice can cause significant harm to victims, which is why victims and their families are protected through the legal process and have important resources available to them.

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2340 S Arlington Heights Road, Suite 202
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