When we visit our doctors, we trust that they will treat us with the care and professionalism we deserve. We put our health in their hands, assuming that they will assess us and order any necessary tests or diagnostic evaluations to help identify potential issues or conditions that may require treatment or medical intervention. For the most part, doctors, nurses, and other healthcare professionals take their jobs seriously and provide reliable and effective care to support our well-being. However, there are times when an inattentive or negligent medical professional fails to diagnose a serious health condition. A misdiagnosis or a delayed diagnosis can lead to delayed treatment, worsening health conditions, and other adverse outcomes, especially if the delay prevents the patient from obtaining the potentially life-saving care they need. In other instances, a healthcare professional may misdiagnose the patient and recommend treatment that is wholly inappropriate, putting the patient at an increased risk of injury or exacerbating underlying symptoms even further. Fortunately, Washington state allows victims of medical misdiagnosis or medical negligence to take legal action against the at-fault party (or parties) to recover the compensation they need to cover the damages resulting from the provider’s errors.
As one of Seattle’s leading medical malpractice law firms, we at Menzer Law are committed to advocating on behalf of every client we serve. We concentrate on cases where we believe our involvement can genuinely make a difference, focusing on the most severe instances of medical negligence that have the most profound consequences. Once we accept a case, you can trust that we will take a methodical approach to build a sound legal strategy, meticulously gathering evidence, consulting with expert witnesses, and preparing clear and detailed evidence to ensure that every aspect of the claim is strongly supported and presented. This post will explore some common questions about misdiagnosis, like “Can I sue my GP for misdiagnosis?” and “Can you sue a doctor for misdiagnosis of cancer?” as well as the importance of exploring your legal options for pursuing and securing the compensation you deserve.
What is Medical Misdiagnosis in Washington State?
First, it’s helpful to understand what types of medical negligence are involved in a misdiagnosis case. According to the National Library of Medicine, errors in medicine can be defined as the “failure of a planned action to be completed as intended (i.e., error of execution) and the use of a wrong plan to achieve an aim (i.e., error of planning). The definition also recognizes the failure of an unplanned action that should have been completed (omission) as an error.” In other words, any failure to order appropriate diagnostic tests, the misreading of test results, failure to refer the patient to a specialist, or violations of protocols relating to the misdiagnosis of serious medical conditions may constitute medical negligence. Depending on the specifics of the case, misdiagnosis may involve a wrong diagnosis, a missed diagnosis, a delayed diagnosis, failure to recognize the need for a more detailed diagnosis, or other examples of negligence on the part of a healthcare professional. At Menzer Law, we are highly experienced in failure to diagnose, misdiagnose, and delayed diagnosis cases. We encourage you to contact our office to arrange a complimentary case review to determine whether we can help you pursue compensation for the harm and adverse consequences you’ve suffered.
Can You Sue a Doctor For Not Diagnosing Cancer?
When it comes to serious illnesses like cancer, early detection is key to ensuring that you can receive effective treatment. If a doctor does not order appropriate diagnostic tests or fails to interpret the diagnostic images correctly, these mistakes can cause there to be a delayed diagnosis of that cancer. Unfortunately, failing to diagnose the cancer can lead to the progression of the disease, leading to more serious and complex health challenges. For some individuals, a delayed cancer diagnosis may mean that the untreated disease becomes so advanced that the condition can be deemed terminal. And in other cases, when diagnosis arrives months or even years later, the required treatment can be far more intense, invasive, and risky. Medical negligence claims involving the failure to diagnose or a delay in the diagnosis of serious conditions, such as cancer, can be difficult to successfully prosecute, so it’s essential to discuss your options with a highly qualified and compassionate legal professional who can accurately assess the specifics of your potential case.
Examples of Failure to Diagnose Cases in Washington State
Can you sue a doctor for missing the diagnosis of a serious medical condition? In some cases, the answer is yes. However, every case is different, and your legal options will need to be evaluated by a dedicated and seasoned legal advocate. Over the years, the highly experienced team of medical negligence attorneys at Menzer Law has taken on claims involving many types of failure to diagnose, delayed diagnosis, and misdiagnosis of serious medical problems. Below are just a few of the scenarios our team has handled to give you a better understanding of how we approach these complicated cases.
Failure to Order Appropriate Diagnostic Tests
Medical professionals must adhere to industry standards when evaluating their patients. According to the National Cancer Institute, doctors must follow protocols when assessing those entrusted to their care for cancer. For instance, the physician must take a detailed clinical history of the patient and ask them about their symptoms and risk factors (i.e., whether they smoke, drink alcohol, exercise, etc.). During the physical exam, the healthcare professional should look for any suspicious lumps or abnormalities (for example, moles) that could indicate the presence of cancer. If the evaluating physician has any reason to think that the patient may be at risk of cancer, they should order diagnostic testing (like an ultrasound, X-ray, blood test, or other assessment). The doctor must then review the results of the tests and, if necessary, refer the patient for additional testing or consultations with a specialist. If another reasonably prudent doctor in that same practice area would have ordered certain tests based on your symptoms and risk factors that your physician failed to order, this may constitute medical negligence.
Misreading Test Results or Delaying the Diagnosis
Medical professionals should be able to read, evaluate, and interpret the results of the diagnostic tests they order. If your doctor or healthcare provider misreads or fails to act on the results of the test, this error could cause you to miss out on the critical and timely care you need to stop or slow the progression of diseases like cancer. In other cases, a doctor may have correctly interpreted the test results but delayed notifying you or your primary care provider of the serious condition. Any resulting delays in diagnosis may lead to the progression of the disease and very serious harm.
Failure to Refer You to a Specialist
Sometimes, general practitioners or doctors practicing in some speciality areas may not have the qualifications or expertise to provide you with the specialized evaluations or treatments you may need. When this happens, the doctor is expected to refer you to a proper specialist who can provide the evaluation and the diagnosis that you need. Any failure to refer you to such a qualified specialist can cause a serious illness or condition to worsen and jeopardize your health. We can help you determine whether your physician’s failure to refer you to a specialist constitutes medical negligence and, if so, identify the most strategic path forward to redress this oversight.
Filing a Medical Malpractice Claim in Washington State
If you were the victim of a cancer misdiagnosis or other diagnostic error by a negligent medical provider, it’s normal to feel betrayed and even angry at the provider’s failure to protect and ensure your well-being. However, it’s essential to understand that not every misdiagnosis is the result of medical malpractice. These cases can be complex, as you must establish that the medical provider breached an established standard of care in the failure to diagnose and that you suffered harm as a result of this failure. In such cases, you will need clear and compelling evidence that you suffered serious harm that you otherwise would not have endured had the healthcare professional correctly or timely diagnosed the condition.
At Menzer Law, we pride ourselves on providing every client with the detailed, empathetic, and powerful legal advocacy they deserve during this overwhelming and difficult time. Our experienced medical malpractice attorneys and legal support staff manage each case with an unwavering commitment to justice, offering customized legal representation to secure the financial recovery and accountability our clients deserve. Now’s the time to explore your options for securing the assistance you need to support your recovery. Reach out to us today to get started!
For over two decades, Menzer Law has managed the complexities of healthcare-related negligence on behalf of individuals and families throughout Washington state. If you or a loved one has been harmed by medical malpractice or medical negligence, we encourage you to call our Seattle office today at (206) 903-1818 to arrange a complimentary case evaluation.