Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

When Is a Missed Diagnosis Considered Medical Malpractice?

Published on Sep 11, 2018 at 1:47 pm in Medical Malpractice.

When we seek medical treatment, no matter how minor or severe the injury or illness, we expect to receive the best care possible. Unfortunately, due to miscommunication errors, improper training, and plain negligence, medical malpractice happens all too frequently in the United States.

In the event of medical malpractice leading to a misdiagnosis, delayed diagnosis, or a failure to diagnose, a patient’s condition is likely to progress beyond where it would have if the diagnosis and treatment had been done currently.

Thousands of individuals suffer from misdiagnosis, leading to medical malpractice, each year. In the event you are a victim of such an occurrence, it’s important to understand you have legal rights and the guilty party can be held accountable for the actions.

Commonly Missed Diagnoses

Cancer. In the event of a cancer misdiagnosis, the cancer may spread, and treatments may not be as effective. A misdiagnosis can also lead to painful and unnecessary treatments.

Heart Attack. Heart attacks can be mistaken for indigestion, panic attacks, or other issues.

Stroke. When a stroke isn’t properly diagnosed, the patient faces the risk of severe brain damage and paralysis. Signs of a stroke may be dismissed as a migraine, especially in younger patients.

Asthma. Asthma may be diagnosed as recurring bronchitis.

Staph Infection. Staph infections, which can turn deadly if the infection enters the bloodstream, may be misdiagnosed as influenza.

The Duty of Care in Healthcare

Medical professionals are charged with a duty of care. This is a requirement that says doctors are supposed to act towards individuals and the public with watchfulness, caution, attention, and prudence. These standards are set by what a reasonable person would do in any given situation.

When a patient is admitted into any medical setting, the duty of care of care is created. Any healthcare worker, from the admitting staff to the doctors, are supposed to work under the duty of care guidelines.

Medical malpractice occurs when that duty of care is breached.

Proving Medical Negligence in Nebraska

To prove medical negligence, the following criteria must be met:

  • A relationship existed between the patient and the doctor.
  • The doctor acted negligently, which led to improper treatment.
  • The doctor’s negligence caused the patient’s injury or worsened the patient’s condition.

According to Nebraska law, a medical malpractice claim must be filed within two years of the date when the medical error was made. If this deadline is not met, the court has the right to throw out the case.

Medical malpractice cases are often complex and can put you under unnecessary strain. In order to alleviate some of the associated stress, our Nebraska medical malpractice lawyers are prepared to represent you. You may be eligible for compensation for your injuries. Contact our office today for more information.