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Failure to Diagnose and Misdiagnosis DC Medical Malpractice Lawyer

March 03, 2021


 

30+ Years | 10,000+ Cases | $300 Million+ Recovered

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Posted in Personal Injury Lawyer

Failure to Diagnose and Misdiagnosis DC Medical Malpractice Lawyer

When a person visits the doctor’s office, he or she expects to receive an accurate diagnosis, and an adequate treatment plan. Unfortunately, this is not always what happens. 

Every year, 12 million people in the United States are impacted by medical diagnostic errors, leading to between 40,000 and 80,000 deaths. 

Diagnostic errors come in several forms. Among them include wrong diagnosis, missed diagnosis, delayed diagnosis, failure to recognize complications, failure to diagnose a related disease, and failure to diagnose an unrelated disease. Accurate diagnoses are often difficult. They are complicated by the fact that several diseases have shared symptoms, like the flu, cold, and allergies, medications that a patient is taking may be contributing to the side effects, and more.

A doctor missing a diagnosis may mean that he or she was negligent. To prove negligence, four things must be shown. 

The first is that there was a doctor-patient relationship at “the time in question.” If there was a doctor-patient relationship, then the doctor had a legal duty to care for the patient.

The second is that the doctor “breached” this duty, by failing to correctly diagnose the disease.

The third is that the doctor’s breach – his or her deviation from the applicable standard of care – actually and proximately caused the injury. Actual cause is a cause that leads “as a matter of fact” to the result. Proximate cause is a cause that can be considered to be at least one cause for a specific result.

In other words, a doctor has a legal duty to reasonably care for a patient, and diagnose a disease that a similar doctor with similar experience would have diagnosed. The patient must prove the failure to diagnose or misdiagnosis resulted in improper medical care, delayed treatment,dc medical malpractice lawyer misdiagnosis or no treatment whatsoever. For example, in a delayed cancer diagnosis case that resulted in death, it needs to be shown that had the patient’s doctors noticed the cancer earlier, the decedent would have lived longer. 

Some ways negligence can be proven is if you show the doctor failed to ask certain questions, forgot to send the blood test to the proper lab, and that these actions would not have occurred by a similar doctor. Due to the difficulty of some cases involving diagnostic errors, expert opinion may be required.

If you believe you or a loved one was the victim of a misdiagnosis or failure to diagnose, make sure you maintain medical records, doctors notes, photo and video documentation, and all other forms of correspondence. 

It may be in your best interest to seek representation. Call the experienced attorneys at Cohen & Cohen today for a free case evaluation!

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From Our Valued Clients

Cohen & Cohen has an impeccable client satisfaction rating with hundreds of 5-star reviews. We are among the best-rated firms in D.C., Virginia, and Maryland.

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M Strolle
26 days ago
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Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement. I can't imagine that a better personal injury lawyer exists. I highly recommend her and her firm, Cohen & Cohen. They are undoubtedly the best of the best.
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Tanea washington
33 days ago
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This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
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Gabriel anteneh
46 days ago
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Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
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David junior COLY
53 days ago
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Nicole was great in assisting with my case. Thank you so much
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Kenneth Distance
66 days ago
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Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout. She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
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Siayre Nichols
69 days ago
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I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
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maraki solomon
82 days ago
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I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
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Christopher Ruiz
89 days ago
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Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
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Meredith Stasa
90 days ago
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I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
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Nini Da Silva
95 days ago
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I rarely write reviews, but this experience was truly worth sharing. Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable. Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands. I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!

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