One of the more common types of malpractice occurs when a doctor or hospital fails to properly treat, or ignores, a medical condition. When a patient presents his symptoms the doctor will typically make a differential diagnoses. That is, a the systematic method to identify the disease or injury causing a patient's symptoms.

Before a medical condition can be treated, it must be identified. Sometimes the doctor does not take a complete history or is too quick in reaching a diagnosis, and the true condition is not diagnosed. Therefore, the proper treatment plan is not started. If the error is quickly recognized, then there may be little or no harm. However, in some cases a delay of days or even hours can have significant consequences. Such as failure to quickly treat a stroke, heart attack or recognize the signs of internal bleeding. Failure to diagnose and treat can arise in almost any context and have devastating results.

• Failure to diagnose postoperative infection can lead to multiple additional surgeries.
• Failure to diagnose a fracture (not ordering x-ray or misreading film) could lead to improper healing of the bones.
• Turning a patient away with severe infection could lead to organ failure.
• Not treating a circulatory problem or gang green could result in amputation.
• Untreated Lyme's disease can lead to neurologic damage.

Medicine is not an exact science and different conditions can present similar symptoms. That is why it is important to for a doctor to consider the more serious condition or disease, before coming to any conclusions. If the treatment prescribed is not working then the diagnosis must be reevaluated.

Typically the Doctor will defend a claim by asserting that the diagnosis was reasonable given symptoms presented and/or that the outcome (prognosis) would be the same even though there was delay in treatment. By a thorough review of the medical records you can sometimes prove malpractice by showing nurses notes, which the doctor did consider, that are inconsistent with the diagnosis; or by a lack of documentation regarding the differential diagnosis.

If you would like more information please contact us online or call 1 800 7 LEGAL 7 for a Free Case Evaluation.

Related practice areas: Nursing Home Abuse, Failure to Treat & Diagnose