New Hampshire Misdiagnosis Attorneys

Common Types of Misdiagnosis and Failure to Diagnose

There are many different types of medical conditions that can be misdiagnosed or go undiagnosed entirely. In some cases, these conditions are relatively mild and may not cause any serious harm if they are not diagnosed. In other cases, however, misdiagnosis and failure to diagnose can have life-altering consequences.

Some of the most commonly misdiagnosed and undiagnosed conditions include:

What Causes Misdiagnosis and Failure to Diagnose?

Misdiagnosis and failure to diagnose can occur due to a wide range of reasons. However, most occur due to human error and/or negligence on the part of the healthcare provider.

Some of the most common causes of misdiagnosis and failure to diagnose include:

• Failure to order the necessary diagnostic tests: Many medical conditions cannot be diagnosed based solely on the patient's symptoms. Instead, the patient must undergo one or more diagnostic tests. If a health care provider fails to order the necessary tests, the patient's condition may go undiagnosed.
• Failure to refer the patient to a specialist: Some medical conditions require specialized care. If a health care provider fails to refer a patient to a specialist when they should have, the patient's condition may go undiagnosed.
• Failure to recognize common symptoms of a condition: Some medical conditions present with relatively common symptoms. For example, many types of cancer initially present with symptoms that could be attributed to a wide range of less serious conditions. A health care provider who fails to recognize these symptoms and order the necessary tests may misdiagnose the patient or fail to diagnose them at all.
• Failure to recognize less common symptoms of a condition: On the other hand, some medical conditions present with symptoms that are less common. If a health care provider is not familiar with these symptoms, they may fail to recognize them and, as a result, misdiagnose the patient or fail to diagnose them at all.
• Failure to read diagnostic test results correctly: Diagnostic tests are not always 100% accurate. However, they are generally reliable when used correctly. A health care provider who fails to read a diagnostic test result correctly may misdiagnose the patient or fail to diagnose them at all.
• Failure to communicate with the patient: In some cases, a patient may have a medical condition that is not easily diagnosed. In these situations, it is crucial for the health care provider to communicate with the patient regarding their symptoms and to work with them to rule out certain conditions. If a health care provider fails to communicate with the patient and, as a result, fails to diagnose their condition, they may be held liable for medical malpractice.

Proving Misdiagnosis & Failure to Diagnose

Misdiagnosis and failure to diagnose are two of the most challenging types of medical malpractice cases to prove. This is largely due to the fact that the patient's condition must be independently proven. In other words, if the patient's condition is not diagnosed until after they file a medical malpractice claim, the defense may argue that the condition is not actually present. To avoid this, it is generally best to seek medical attention for any symptoms or conditions that you believe may be related to a previous misdiagnosis or failure to diagnose.

In order to prove a successful misdiagnosis or failure to diagnose claim, you must be able to demonstrate the following elements:

1. Doctor-Patient Relationship: You must be able to prove that the health care provider owed you a duty of care. This is generally easy to prove, as the health care provider agreed to treat you.
2. Breach of Duty: You must be able to prove that the health care provider breached the duty of care they owed you. In other words, you must be able to prove that they acted negligently.
3. Link Between Breach of Duty and Injury: You must be able to prove that the health care provider's negligence directly caused your injuries. This is generally the most difficult element to prove in a medical malpractice case.
4. Financial, Physical, or Emotional Damages: You must be able to prove that you suffered damages as a result of the health care provider's negligence. In a misdiagnosis or failure to diagnose case, this typically means that your condition worsened, you required additional medical treatment, you suffered a disability, or you experienced pain and suffering.

If you are able to prove these elements, you may be able to recover compensation for your medical bills, lost wages, pain and suffering, and other damages. Our New Hampshire misdiagnosis and failure to diagnose lawyers can help you build a strong case and fight for the maximum compensation you are owed.

How Our Firm Can Help You

At Upton & Hatfield, LLP, we understand how difficult it is to learn that you or someone you love was harmed by a trusted health care provider's negligence. We also understand how overwhelming it can be to deal with the aftermath of a serious medical condition. Our New Hampshire misdiagnosis and failure to diagnose attorneys are here to take the legal burden off your shoulders so you can focus on your recovery. We have a proven track record of success in complex medical malpractice cases and know how to effectively navigate the legal process on your behalf.

When you choose our firm, you can expect the following and more:

• Compassionate, personalized legal services
• Responsive communication and regular updates
• Aggressive, tireless advocacy from start to finish
• Customized solutions tailored to your unique needs and goals
• Contingency fees—you do not owe any attorneys' fees unless/until we recover compensation for you

With multiple office locations in Concord, Portsmouth, and Hillsborough, Upton & Hatfield, LLP is well-positioned to serve clients throughout the state. todayto speak to a member of our team; call (603) 634-9560for an appointment.