Failure to Diagnose / Wrong Diagnosis Attorney
Failure to Diagnose / Wrong Diagnosis Attorney
At Watson & Carroll, P.C., L.L.O., we represent individuals and families affected by devastating medical errors, including failures to diagnose and misdiagnoses. When healthcare providers fail to properly identify a medical condition or provide an incorrect diagnosis, the consequences can be life-altering. If you or a loved one has been harmed due to diagnostic negligence, our firm is here to help you pursue justice.
You are one step away from getting the help you need.
What is Diagnostic Negligence?
Diagnostic negligence occurs when a healthcare provider fails to meet the standard of care in identifying a medical condition. This includes:
- Failure to Diagnose: A condition goes entirely undetected despite clear symptoms or test results.
- Wrong Diagnosis: A patient is diagnosed with the wrong condition, often resulting in inappropriate or harmful treatment.
- Delayed Diagnosis: A correct diagnosis is eventually made, but the delay causes the condition to worsen.
These failures can lead to severe consequences, such as the progression of cancer, heart attacks, strokes, infections, or other life-threatening conditions.
Common Causes of Diagnostic Errors
Diagnostic errors often stem from negligence or systemic failures, including:
- Failure to order appropriate tests: Missing critical diagnostic tests or lab work.
- Misinterpreting test results: Errors in analyzing imaging, labs, or pathology results.
- Inadequate patient evaluation: Overlooking symptoms, failing to take a thorough medical history, or neglecting to perform necessary examinations.
Communication failures: Poor coordination among healthcare providers.
How Diagnostic Errors Impact Patients
A failure to diagnose or a wrong diagnosis can result in:
- Worsened medical conditions: Treatable conditions may become life-threatening due to delays.
- Unnecessary treatments: Patients may endure invasive procedures or medications for an incorrect diagnosis.
- Emotional and financial strain: Patients and their families face significant physical, emotional, and financial burdens due to prolonged or inadequate care.
Our Expertise in Diagnostic Negligence Cases
With a unique combination of legal and medical expertise, John F. Carroll is equipped to handle even the most complex diagnostic error cases. As a licensed attorney in Nebraska, South Dakota, and Iowa, and a registered nurse in Nebraska, I bring a deep understanding of medical practices and the legal requirements for proving negligence.
State-Specific Legal Frameworks for Medical Malpractice
Each state has distinct rules and caps that affect the outcome of diagnostic error claims:
Nebraska (NE)
Total damages are capped at $2,250,000 for cases occurring after 2014. (Nebraska Revised Statute § 44-2825)
South Dakota (SD)
- Noneconomic damages are capped at $500,000, with no cap on economic damages. (South Dakota Codified Laws § 21-3-11)
Iowa (IA)
Noneconomic damages are capped at $1 million for individual providers and $2 million for hospitals, with no limit on economic damages. (Iowa Code § 147.136A)
Our firm is well-versed in these laws and works to maximize your recovery within the legal framework of each state.
How We Advocate for You
At Watson & Carroll, we take a comprehensive approach to pursuing justice in diagnostic error cases:
- Thorough case evaluation: We review medical records, consult with experts, and investigate all aspects of your care.
- Building a strong case: We identify breaches in the standard of care and link them to the harm you suffered.
- Securing compensation: We fight to recover damages for medical expenses, lost wages, pain and suffering, and other losses.
MAIN OFFICE
2809 S. 160th St. Ste. 309
Omaha, NE 68130
Omaha, NE 68130
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Mon-Fri: 9am – 5pm
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Watson & Carroll, P.C., L.L.O.
