Failure to diagnose medical conditions by doctors | Medical Malpractice

Failure to diagnose medical conditions by doctors

When you visit a doctor with health complaints, you expect a well-educated, well-trained, very experienced doctor to take all appropriate steps to find out what is wrong with you and how it can be fixed. It's never a perfect process, and doctors are only human, but when signs were missed and a diagnosis wasn't made, you're the one who suffers, possibly severely. If you are in this situation, you need a skilled New Hampshire personal injury lawyer to investigate, prepare a lawsuit, and help you get the financial help that you need. Call Liberty Legal as soon as possible for a consultation and advice. If you delay, it might be harder to gather the evidence needed to prove your case.


You might be surprised to learn how easily you can afford a lawyer. You don't need to pay a retainer up front, or actually even to pay out of pocket at all. Instead, personal injury lawyers can work under a contingency arrangement wherein you don't pay anything up front, and then when you receive a financial award in your case, the lawyer will receive a certain percentage of it. The percentage paid to the lawyer will be set by contract when you first decide to hire the lawyer.

Given how easily you can afford to hire a lawyer, it really is imperative that you do so, and quickly. Failure to make a diagnosis cases tend to be complicated and require experts in law and medicine to help you. Filing a suit against a medical doctor, who almost certainly carries malpractice insurance, means that the insurance company will assign a lawyer to defend the doctor, and that lawyer will probably be very experienced and expert in malpractice defense. You need a personal injury lawyer who understands this and who has the skills to win for you.

A crucial component of your case will the your medical records, both from the time that you were seeking a diagnosis and of the time since then that your condition has developed. You are entitled to inspect the records that your doctor kept at the time he or she failed to diagnose your medical condition, but your lawyer might have to resort to court filings to force your doctor to comply. If the records are voluminous or complex, you'll need a lawyer who is capable of understanding and analyzing the medical terminology and who can bring in additional medical experts if necessary. The records can then be processed into exhibits that comply with the rules of evidence so that they can be admitted in court and be presumed correct and complete. Our New Hampshire attorneys will know how to present the evidence in a logical and understandable fashion to the jury so that your case is persuasive.

The doctor that you are suing also has the right to inspect any relevant medical records that you have, including records made by subsequent doctors who successfully diagnosed you. A skilled lawyer will help you know what you are legally obligated to provide, and will prepare and transfer the records in accord with legal rules. The doctor may also be entitled to require you to undergo additional medical tests and evaluations by yet another medical professional, in order to test the validity of your diagnosis and to evaluate the extent of the damage that you've suffered from the delay. Failure to diagnose a medical condition cases often come down to a “battle of the experts,” in which you enlist a medical expert to present the reasons why the diagnosis should not have been missed and you suffered needlessly because it was, and the opposing expert tries to make the case that the diagnosis could not have been made earlier and/or that the delay has not made you worse off than you otherwise would have been. It's crucial to have a skilled lawyer on your side to manage this process. Your lawyer will need to find the right expert to testify on your behalf, and to make sure that expert has all of the records and information needed to write a strong report. Your lawyer will also need to prepare to question the conclusions of the opposing expert's report, and to show why your expert is more reliable.