Have you been further injured by a doctor’s failure to diagnose your illness? Let us help you.
Failure to diagnose or misdiagnosis can be defined as a failure to correctly identify and treat a medical condition. Many medical conditions can be easily misdiagnosed by even the most skilled and best physicians and doctors.
Our entire legal team is focused on one word: You. You are the most important part of our practice: you, your family, your suffering, your livelihood, and your needs. Let us put our passion for helping others to work for you.
Most common types of misdiagnosis cases.
The most common types of misdiagnosis, delayed diagnosis or failure to diagnose cases that result in medical malpractice involve:
- Failure to diagnose or a delayed diagnosis of a heart attack or angina;
- Failure to diagnose or a delayed diagnosis of appendicitis;
- Failure to diagnose or a delayed diagnosis of lung cancer;
- Failure to diagnose or a delayed diagnosis colorectal cancer;
- Failure to diagnose or a delayed diagnosis breast cancer.
Some studies suggest that misdiagnosis cases account for an estimated 40,000 to 80,000 hospital deaths per year.
If you believe you have been misdiagnosed, you can be proactive. We suggest the following for “proactive patients” who want to stay one step ahead of their doctor.
- Research evidence and inform the doctor of errors she missed.
- Convincing doctors to better communicate with each other and YOU, the patient.
- Find a support group.
- Find a new doctor.
- Review all of your doctor’s notes and medical records on your own.
While this may sound reasonable, the truth is – misdiagnosing a medical condition can lead to serious consequences and results such as a terminal illness or, at the very least, a compromised quality of life with permanent disabilities.
If you or a loved one has been misdiagnosed, our experienced failure to diagnose lawyers can help. Our misdiagnosis law firm includes medical professionals who can review your medical records and discover if there was a tragic medical mistake made. Contact us today for your free case evaluation. You pay nothing upfront and owe us nothing unless we win money for you and your loved ones.
Speak With a Dallas Medical Malpractice Lawyer For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
Frequently Asked Questions
What is considered medical malpractice?
Medical malpractice is defined as professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes the victim injury, trauma, or wrongful death. This can include ignoring procedures, not acting in a timely manner, etc.
It’s important to remember though, that a bad outcome to a medical procedure is not automatically “medical malpractice.” The treatment provided must fall below the accepted standard of practice in the medical community in order to constitute a medical malpractice claim. I hear a lot of people complain about medical malpractice lawsuits simply because they do not understand this concept. People often say “why sue the doctor who was only trying to help you?” If the doctor’s treatment did not fall below the accepted industry standard, he or she did not commit medical malpractice in the eyes of the law.
Here are a few instances that may be considered medical malpractice:
- Not monitoring a patient’s vital signs in a proactive way, leading to the death of the patient.
- Leaving foreign objects inside a patient’s body, causing the victim discomfort and long-term health problems.
- Not treating a health condition in a timely manner.
- Failure to diagnose, or misdiagnosis of an illness, disease, or any other medical condition.
- Birth injuries (such as cerebral palsy) caused by leaving the baby in the birth canal for too long during delivery.
- Performing wrong site surgery (when a doctor or surgeon performs an operation on the wrong part of your body – or on the wrong patient altogether).
See more on “what is medical malpractice?”
How much is my medical malpractice case worth?
While no one can compensate you for the loss of your health or a permanent injury, the justice system is set up so that you can recover monetary compensation after a medical mistake depending on what you lost due to the medical mistake and what the error cost you.
Medical malpractice cases take into consideration a number of factors when it comes to determining the value of your case. Your payout largely depends on the losses you suffered as a result of the medical error.
Your losses (damages) could include:
- The cost of your current and future medical needs.
- Whether you lost wages or the ability to work.
- The severity of your injuries.
- Whether pain and suffering were involved.
- Other influences of the injury on your life.
- Any pre-existing medical conditions.
- The degree of negligence of the doctor.
It is also important to remember that there are medical malpractice caps in Texas that may limit your reward. Since 2003, medical malpractice injury victims have been limited to collecting $250,000 in non-economic damages, such as pain and suffering and mental anguish. There are no caps on economic damages, including medical bills and lost wages.
Do you have a potential Dallas medical malpractice lawsuit that you would like to discuss with a Texas attorney? Call the Rasansky | McKenzie Law today to schedule a meeting with an experienced lawyer and learn more about your legal options.
Can I sue for medical malpractice in Texas after a medication error?
When most people think about hospital errors and medical malpractice lawsuits, they think about mistakes in the operating room or surgical errors. However, medication errors are one of the most common types of medical malpractice; especially in newborn children. Medication errors take place on a daily basis in Texas, and many of these mistakes can have dire consequences including permanent health issues, pain and suffering, and even wrongful death.
It’s important to understand that while the correct dosage taken for the correct reasons can have health benefits and even save lives, a wrong dose or the wrong medication can cause serious medical problems. You may be able to recover compensation from the hospital following such an error, but it’s important to discuss the facts of your case with an attorney before you make any decisions.
If you or a loved one has been harmed because of a medication error caused by a hospital, a doctor, a nurse, pharmacy, or another medical professional, you should speak with a Dallas medical malpractice attorney about the particulars of your case. Contact Rasansky | McKenzie Law today at (214) 651-6100 for a free consultation.
If my surgery doesn't go as planned, is it medical malpractice?
It is very important to understand that some surgical errors and medical mistakes are caused by negligence and carelessness, while others are simply unpreventable complications. If you or a loved one suffered from serious surgical complications, it is vital for you to determine why the complications took place and whether or not a doctor, nurse, or hospital was to blame for the issue.
Medical procedures, medical malpractice law, and medical errors can be difficult to understand – speaking to a Dallas Texas medical malpractice lawyer about the details of your case can help you determine whether or not you should pursue damages.
When it comes to medical malpractice, what does standard of care mean?
When questioning whether or not a doctor committed medical malpractice, attorneys and medical experts must first determine if the practitioner met the accepted standard of care. But what is the standard of care? Very simply, the accepted standard of care is based on how a doctor in the same field with the same qualifications would have acted in the same situation. For example, if a patient believes that his doctor was negligent in ordering the proper tests after a heart attack, whether or not that doctor is guilty of medical malpractice depends upon which tests other heart doctors would have ordered and what the outcome would have been. To learn more about the accepted standard of care in your own case, contact a Dallas medical malpractice attorney today.
Is misdiagnosis considered medical malpractice?
If a Texas doctor has misdiagnosed a disease, illness or condition – and that misdiagnosis harmed your health – you may very well have a TX medical malpractice case. A misdiagnosis can lead to the wrong treatment for your ailment as well as a delay of the right treatment – two medical mistakes that can prove to be extremely harmful and even deadly. In some cases, a misdiagnosis may take place because of doctor negligence, misread medical tests, mixed up medical tests, or the failure to order the correct medical tests. Common misdiagnoses include cancer misdiagnosis, clogged artery misdiagnosis, heart attack misdiagnosis, heart disease misdiagnosis, tumor misdiagnosis, and infection misdiagnosis.
