When a doctor fails to diagnose a serious medical condition, the consequences can be life-changing. Many patients wonder whether the delay or mistake could have been avoided and whether they have legal options. If you’re wondering whether you can sue after your doctor failed to diagnose your medical condition, it is imperative that you understand your legal rights. Continue reading and consult with an experienced Washington, D.C. failure to diagnose lawyer today.
What Does “Failure to Diagnose” Mean in Medical Malpractice Cases?
A failure to diagnose occurs when a healthcare provider does not identify a condition that a reasonably competent doctor would have identified under similar circumstances. This can involve ignoring symptoms, failing to order tests, misreading lab results, or dismissing patient complaints.
Not every mistake is considered medical malpractice, and it is unreasonable to expect doctors to be perfect 100% of the time. However, they are expected to be reasonably careful and thorough. In Washington, D.C., the focus is on whether the doctor met the accepted standard of care, not whether the outcome was poor. Legal action can only be taken if the mistake falls below professional standards and causes the patient harm.
Can I Sue if My Doctor Failed to Diagnose My Condition in D.C.?
Yes, you can sue if your doctor failed to diagnose your condition in Washington, D.C., given that their actions or inaction meet certain legal criteria. To prove their negligence and malpractice, demonstrate the following elements.
- Duty of care: The medical provider owed you a duty of care because of an established doctor-patient relationship
- Breach of duty: The doctor deviated from the standard of care and failed to act as a competent medical professional should have by failing to diagnose your condition properly
- Causation: The breach of duty and missed diagnosis directly caused you harm, such as a worsened prognosis or delayed treatment
- Damages: You suffered measurable losses as a result, like additional medical expenses, physical pain and suffering, lost wages, etc.
If you can provide evidence demonstrating these things, you can establish that your doctor did not meet the expected standard of care and is therefore liable for your damages.
How Long Do I Have to File a Claim?
The time limit for filing a medical malpractice lawsuit, including ones based on a failure to diagnose, is known as the statute of limitations. Generally, an injured patient has three years from the date the injury occurred or the date the injury was discovered to file their claim. This is established under D.C. Code § 12-301(8).
However, determining when the clock starts can be complicated. The “discovery rule” may apply, meaning the three-year period begins only when the patient knew, or reasonably should have known, that they were injured and that the injury was likely caused by the healthcare provider’s negligence. Special rules can also apply to minors or cases involving fraudulent concealment by the doctor.
Missing this deadline can limit your right to sue, so it is crucial that you consult a malpractice attorney to ensure your claim is filed on time. Reach out to a skilled legal professional today.