Does Failure to Diagnose Constitute Medical Malpractice in Texas?

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failure diagnose medical malpractice texas

Effective medical care begins with timely and appropriate diagnosis. When one goes to one’s doctor about a medical problem or unexplained symptom, one has every right to expect that one will receive the accepted level of diagnostic tests and procedures to determine the disease and appropriate treatment. It may constitute medical negligence if your doctor failed to properly diagnose your serious condition. For more information on whether or not a failure to diagnose constitutes medical malpractice, please keep reading, then contact an experienced Houston, Texas failure to diagnose cancer lawyer today. Here are some questions you may have:

How does a failure to diagnose happen in Texas?

An estimated 126,000 Americans die every year as a result of doctors incorrectly diagnosing common medical conditions. Many actions, or inactions, could qualify as medical malpractice. Sometimes, these actions result in a missed diagnosis. This type of medical malpractice may occur when a doctor fails to conduct the appropriate screenings, tests or examinations while caring for a patient. It could also occur when a doctor fails to correctly interpret patient data. When a doctor fails to diagnose a condition, several harmful outcomes may occur. At a minimum, by remaining undiagnosed, the condition will likely go untreated.

What medical conditions might a doctor fail to diagnose in Texas?

Some of the more common medical conditions that doctors often misdiagnose or fail to diagnose include:

  • Cancer
  • Aneurysms
  • Heart attacks
  • Strokes
  • Blood clots
  • Pulmonary embolisms
  • Infections

How do you prove a failure to diagnose is medical malpractice in Texas?

Your legal team must prove the following in order to prove a misdiagnosis or failure to diagnose:

  • A doctor-patient relationship existed between the plaintiff and defendant
  • The defendant committed an act of negligence and failed to provide appropriate and/or adequate treatment
  • The patient sustained injuries due to the doctor’s negligence

A failure to diagnose or misdiagnosis alone may not prove medical malpractice. In order to prove malpractice, a skilled Houston, Texas diagnosis error lawyer has to show that another doctor in a similar medical field and under similar conditions would have correctly diagnosed the issue. Furthermore, your legal team must prove that a doctor’s failure to diagnose, misdiagnosis or delayed diagnosis caused injury or worsened your condition to the point that it had a negative impact on your health and well-being.

What is the statute of limitations for medical malpractice in Texas?

In the Lonestar State, victims of medical malpractice have two years, from the date of the negligent act or omission, to bring forward a personal injury claim. If you wait any longer, you will forever lose the right to do so. Our firm is here to help you if you or a loved one came to harm due to a doctor’s negligence.

Contact Our Team Today

If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.