A Doctors Liability for Failure to Diagnose DVT

Deep vein thrombosis, or DVT, is a condition where a blood clot forms in a deep vein such as a leg vein or the deep veins of the pelvis. It is possible for a blood clot, or thrombus, to form in arms as well, but this is much less likely.

The most serious concern with DVT is the possibility of the blood clot becoming dislodged and traveling to the lungs. When this occurs, the blood clot can block the main artery of the lung, or a branch of this artery, putting pressure on the right ventricle of the heart. This is known as pulmonary embolism (PE), and is extremely dangerous, even potentially fatal.

Diagnosis of DVT

Signs of DVT may be subtle and can be mistakenly diagnosed as something much less dangerous. Some of the common symptoms of DVT include:

• Pain and Swelling of the Leg
• Redness Associated with Swelling
• Dilation of the Surface Veins

Obviously, the classical symptoms may be misdiagnosed as a leg cramp, strain or superficial form of thrombosis. Given the serious nature of DVT and pulmonary embolism, it is critical that a doctor take every precaution when made aware of even the slightest symptoms.

There are several tests that can be done to diagnose DVT.  The simplest one to start with is a duplex ultrasound.  This may lead to other more specific tests.

Can a Doctor or Hospital be Held Liable for Failure to Diagnose DVT?

The short answer is, it depends. Given the inherently complicated nature of a medical malpractice case, subtle details of the case are often the difference between a successful claim and a loss. It ultimately boils down to a few simple questions. Did the doctor practice to an acceptable level of care in reviewing and recognizing the symptoms? Was there any critical factor that the doctor missed that would have revealed the correct diagnosis? Did the doctor ask proper questions and do the proper examinations?

If it can be shown that the doctor or hospital staff did not perform their duty to the acceptable level of care, then the liability, or fault for the failed diagnosis, and any corresponding injury can be held against him/her.

What Happens if a Doctor or Hospital is to Blame?

If the doctor, nurse or other hospital staff are found to be at fault for the failure to diagnosis DVT or resulting PE, then they are legally required to compensate the victim (or, if the result was fatal, the deceased’s family) for all damages in order to make them “whole”. This includes paying for all associated medical expenses, compensation for lost wages, future lost income, pain and suffering, and any other economic or non-economic damages.

In cases where the victim died due to the error in diagnosis, a wrongful death suit may be brought, and damages paid.

How to Seek Compensation

As stated earlier, medical malpractice law is a unique practice in and of itself, with a myriad of subtleties that can make or break a case. It is imperative for anyone erroneously diagnosed and caused harm, to discuss his or her case with a seasoned medical malpractice attorney. Many of these attorneys will offer a consultation at no charge, so that you can get the answers that you need to make an informed decision about seeking compensation.