Medical Malpractice: Failure to Diagnose Tumor

Anyone who visits an emergency room, trauma center, clinic or any other medical facility with brain tumor symptoms deserves to be competently and thoroughly cared for. When a health care professional fails to provide appropriate care and misses the brain tumor symptoms, he adds to the delay in treatment a person might receive. This negligence then adds to the victim's risks, and injury due to missing the initial diagnosis.  This failure to diagnose medical malpractice is generally the result.

Symptoms that Indicate Brain Tumors 

Failure to correctly diagnose a brain tumor can result in devastating consequences for the patient.  There are all sorts of different symptoms that indicate a brain tumor, but if the proper diagnostic tests are given they will generally indicate a tumor in the brain.  

• Headaches
• Changes in speech, vision and hearing
• Blurred vision
• Numbness or tingling in arms or legs
• Nausea and vomiting
• Memory loss
• Seizures and convulsions 
• Balance and motor skill challenges
• Mood swings

A doctor who has a patient with these symptoms will often order a neurological examination, a CT scan, EEG, spinal tap, PET scan, angiogram, a skull X-ray, an MRI or a myelogram.  These tests will help confirm if the patient has a brain tumor or not.  The problem of negligence and possible malpractice comes into play when they fail to conduct these tests or misinterpret the results.  This is a failure to diagnose medical malpractice situation. 

Steps to Filing a Medical Malpractice Suit

1. Obtain a written medical assessment from a reputable physician who can delineate the injury or damage you suffered and explain how it was the result of the alleged medical malpractice. 
2. Write a demand letter to the health care provider who is guilty of failing to diagnose your tumor, and is consequently guilty of medical malpractice.  Most states will require you to make a reasonable attempt to settle a medical malpractice claim before you file a lawsuit.  Set out the facts supporting your allegation in this letter.
3. Detail exactly the amount of money you will accept from the doctor to discontinue your legal action.
4. Talk to the county clerk and request a standard petition form. If the health care provider decides not to settle with you, and does not agree to your terms, you will be filing a suit.
5. Fill out the petition form. Information you will include will be the names of the parties: you and the doctor; basic facts of the case; itemization of the injuries and damages you've suffered as a result of the malpractice.  As part of the damages include medical bills, lost wages, expected future medical expenses, pain and suffering.
6. Return to the court clerk and file your petition, thus beginning the proceedings.

7. Ask the court clerk to have the sheriff serve the petition on the doctor you are suing.

Elements of the Malpractice Case

There are four elements of the malpractice/negligence case that must be established for a successful claim:

1. There must be a legal duty owed.  A legal duty exists every time a doctor, health care provider or hospital renders care or treatment on a patient.
2. The legal duty was breached.  The health care provider/doctor fails to meet the relevant standard of care.  This is usually proven by expert testimony or by evidence that demonstrates obvious errors were made. This is also known as "res ipsa loquitur," (the thing speaks for itself).
3. The breach must be the cause of the injury. 

4. There must have been damages (pecuniary or emotional losses).  Without damages there is no claim, even if there was negligence on the part of the provider. 

Settlements

Malpractice lawsuits are time-consuming and very expensive, particularly for expert witnesses' testimony.  In addition to that the attorney must obtain copies of the patient's medical records which can take months in some cases.  Given that most attorneys take malpractice lawsuits on a contingency basis (they don't get paid until they win the suit), attorneys must be very sure that they have a case they believe they will win, or they won't take the risk involved with suing.  Should the attorney be willing to take your case, it must have merit.

Most malpractice suits never make it trial.  Usually, a settlement is reached before the court proceedings begin.  Everyone involved generally benefits from a settlement agreement.  The defendant (the health care professional) avoids an embarrassing and costly court trial.  They also often settle for less than the original amount requested by the plaintiff.  The settlement also benefits the victim as they recover funds lost in previous medical care, lost wages, hospital costs, quality of life losses, pain and suffering and in some cases punitive damages.

Speak with an Attorney who Specializes in Medical Malpractice Suits 

If you believe you have been the victim of medical negligence by not having a tumor properly diagnosed and have sustained damaged because of it, you should contact a medical malpractice attorney.