Even if they didn’t know his name, many American movie lovers were familiar with the face of actor Bill Paxton. Known for appearing in such blockbusters as “Titanic,” “Twister,” and “Aliens,” Paxton did not always have the lead role, but often left a lasting impression. The news of his death in 2017 came as a shock to fans.
According to news reports, Paxton died after complications from surgery. While no official cause of death was reported at the time, some media outlets reported that the surgery was intended to repair a problem with Paxton’s heart valves.
In an interview recorded shortly before his death, Paxton spoke about a health problem he suffered as a child that may have affected his heart valves. During a podcast with Marc Maron that aired shortly before his passing, Paxton talked about being diagnosed with rheumatic fever while in the seventh grade. Paxton went on to say that the fever developed following an undiagnosed and untreated strep throat, which also has the potential to damage the heart valves.
As with any high-profile death, it is worth being clear about what is and is not known: there have been no reports indicating that Paxton’s death was the result of negligence during his surgery, nor that his childhood illness was connected in any confirmed way to the surgical complications he experienced. What his story does illustrate is the risk that can come from a condition that goes undiagnosed or untreated for years, sometimes decades, before it becomes relevant to a later medical event.
How a Failure to Diagnose Can Become a Malpractice Case
Some medical malpractice cases are based on the premise that a medical professional’s failure to diagnose a patient’s condition led to a worsened outcome. The theory behind these cases holds that had the doctor provided care that met professional standards, they would have diagnosed the condition and begun treatment. Because the condition was not diagnosed, it progressed, and the patient suffered as a result. The measure of damages in such cases is generally based on the extent to which the condition worsened due to the failure to diagnose and treat it in a timely manner.
These cases often turn on a detailed review of a patient’s full medical history, since a missed diagnosis years earlier can have consequences that only become apparent much later, sometimes during an unrelated procedure or illness. This is part of why failure-to-diagnose claims require careful review of medical records spanning well beyond the immediate event.
Getting Legal Guidance After an Undiagnosed Condition Leads to Harm
Medical malpractice cases are notoriously complicated, particularly when they involve a condition that went undiagnosed for an extended period before causing serious harm. The injured party or their family members can speak to an experienced medical malpractice attorney to learn about their legal options. Contact Davis & Davis for a free consultation with our team.
Source: Forbes, “Actor Bill Paxton’s Death Prompts Thoughts About Surgery Risks,” By Rita Rubin
Frequently Asked Questions About Failure-to-Diagnose Claims
What is a failure-to-diagnose medical malpractice claim?
It is a claim based on the theory that a provider’s failure to identify a condition, when a reasonably careful provider would have, allowed the condition to progress and caused additional harm to the patient.
Can a childhood illness that went untreated support a claim decades later?
It depends on the specific facts and when the failure to diagnose occurred relative to any applicable statute of limitations. An attorney can review the full medical history to assess whether a claim is viable.
How is a failure-to-diagnose case different from a surgical error case?
A failure-to-diagnose case focuses on whether a condition should have been identified earlier, while a surgical error case focuses on what happened during a specific procedure. The two can sometimes overlap in complex cases.
What evidence is important in a failure-to-diagnose claim?
Complete medical records spanning the relevant period, expert review of the standard of care at each visit, and documentation of how the condition progressed are all typically important to these cases.
How are damages calculated in a failure-to-diagnose case?
Damages are generally based on the extent to which the patient’s condition worsened due to the delay in diagnosis and treatment, rather than on the underlying condition itself.
