Filing a Lawsuit for a Doctors Failure to Diagnose

Any medical care provider’s negligent failure to diagnose and treat a serious illness, injury or disease, which then results in freater injury due to the condition existing on a prolonged basis untreated, is liable for professional malpractice or negligence.  That doctor or hospital can be held liable for his careless treatment by the filing of a valid medical malpractice lawsuit. 

Standard screening tests can detect many types of cancer in the early stages, while the cancer will still respond to treatment. The following are examples of cancer-related negligence:

• Primary Care provider failure to order or read results of a mammogram to identify breast cancer
• Physician failure to perform a digital exam, urinalysis or PSA test to diagnose prostate cancer
• Primary Care provider failure to order a routine colonoscopy
• Physician failure to perform a visual screening for skin cancer
• Dentist failure to screen for cancer of the throat or mouth

Other conditions that can be identified through the use of standard screening tests or tests ordered when patients report symptoms, include:

• Heart conditions and stroke risks that can be readily diagnosed through the use of stress tests, electrocardiograms (EKGs) and blood tests to identify elevated cholesterol and blood pressure measurement testing 
• Appendicitis, pancreatitis and other treatable inflammations, often misdiagnosed by emergency room and clinic doctors as viral infections
• Pregnancy-related diabetes, hypertension or preeclampsia
• The need for a cesarean section to prevent a birth injury to the fetus or mother
• Severe orthopedic injury arising from untreated fractures and joint dislocations can result in permanent disability

Dangers posed by Cancer Undiagnosed and Untreated

All doctors have a duty to recommend tests or screening procedures to patients who present significant symptoms of cancer.  Cancer can attack any of the body’s organ systems, such as skin, liver, kidney, bones, blood, brain, and may or may not present with symptoms early enough to be treated for a cure.  Patients are responsible for making their doctor aware of any abnormal conditions so that the doctor can follow up with necessary tests and treatment.  A physician may be liable for medical malpractice arising from failure to diagnose a cancerous condition if he fails to follow up on a patient’s complaints as symptomatic of the disease.

Breast Cancer

Women at age forty should have a screening mammogram annually.  If your physician has failed to recommend a mammogram, he has failed in his duty to his patient.  If breast cancer has developed the physician may be liable for medical malpractice.

Cervical Cancer

Cancer of the cervix may spread to the uterus or other female reproductive organ can be readily detected by a PAP smear test.  If a PAP test has revealed abnormal tissue the physician should order further studies to identify the abnormal finding and he should institute treatment immediately to prevent or treat any developing cancer.

Lung Cancer

Some lung cancers present with symptoms such as coughing, bronchitis, pharyngitis, but other cancers will have no pulmonary symptoms at all.  Any time a patient has symptoms involving the lungs or breathing, they should be offered testing such as a chest x-ray or other imaging studies.

Prostate Cancer

All men should be offered a screening test after age 50 called PSA. This is a blood test that will reveal whether or not there is a significant risk of prostate cancer. Prostate cancer is one of the cancers that is usually curable if detected early and treated. Physician failure to suggest a PSA test falls below the acceptable standard of care.

Colon Cancer

Colon cancer is readily detected by a colonoscopy test.  A long flexible tube with a tiny camera is inserted into the rectum and followed through the colon to the end of the cecum.  If any abnormality is found a small piece of bowel lining can be cut out and tested to see if it is cancer or pre-cancer cells.  A physician should perform a test to detect microscopic blood in the stool at annual examinations.  Colon cancer is curable if detected early.

Talk to a Medical Malpractice Lawyer

Failure to diagnose and treat a serious medical condition is likely the most dangerous and often deadly form of hospital and doctor medical negligence.  If you or your loved one has suffered injury arising from an undiagnosed and untreated disease or injury you may benefit from consulting with a medical malpractice attorney to determine your rights and whether or not you have a valid cause of action against that medical care provider to recover financial and emotional losses caused by that negligence.