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Is A Wrong Diagnosis Malpractice?


“Is a wrong diagnosis malpractice?” “How should we handle causation and damages?  are common questions our team of medical malpractice lawyers get all the time.


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Video Transcript

0:00 Intro
0:49 Wrong Diagnosis: Serious Accident Example
1:57 Causation and Damages: Timely Evaluation Is Important
2:25 Seek Medical Help When In An Accident


Is an incorrect or wrong diagnosis malpractice? The answer is maybe. Causation and damages is what you have to have to really bring a successful medical malpractice case. In the context of a serious accident, maybe an automobile accident, maybe a fall from a significant height.

0:49 Wrong Diagnosis: Serious Accident Example

For instance, many years ago, I had a case that involved a motor vehicle accident where I actually represented the defendant who was an elderly gentleman over 95 years of age, who was still driving and unfortunately carried minimal limits on his automobile insurance. He was involved in an accident where he hit a middle-aged man who was working, had children, was earning a living, etc. 

On the surface when the accident occurred, it appeared that no one was hurt, but as it turned out, this gentleman who was hit by the elderly fellow did not go to an emergency room and was not seen by any medical professional. Within a matter of hours after the accident had occurred, he actually presented an extremis or cardiac arrest and went to an emergency room. As it turned out he had a ruptured aorta, which is extremely serious and unless very timely addressed, is quite frequently fatal.

We ended up settling that case with mediation, and I actually represented this older gentleman individually and his insurance company had its attorney, and we did settle the case with what we felt was reasonable.

1:57 Causation and Damages: Timely Evaluation Is Important

In other words, had that younger male who was actually involved in the accident, not his fault, been evaluated timely, and even had a simple study of his abdomen done, maybe a CT scan which would’ve likely been what would’ve been ordered had he had even the most vague abdominal symptoms. That could have revealed this ruptured aorta at a very early time when it was likely treatable versus his later coming into the hospital in extremis when it was very little to be done.

2:25 Seek Medical Help When In An Accident

Again it’s important if you’re in an accident even though you may have minimal symptoms upfront to be checked out. Let someone with a medical background take a look at you. Give the medical professionals an accurate history. Let the doctors do a complete physical examination. The medical staff may request x-rays and lab work. I think if you’re in an accident of even the most minimal consequence, if you have any symptoms, see a medical professional, and do it timely. It can be the difference in life or death.

Our physician-attorneys have helped people just like you or your loved ones get the justice, vindication, and compensation they deserve. If you have been injured in an accident, you need a powerful advocate on your side. We will listen to you, and we will help you fight for the best result possible in your case.  If you or your loved one has been permanently or seriously injured due to negligence, contact our medical malpractice lawyers at LawMD.

More than 12 of our medical malpractice lawyers are also physicians.

For serious injuries, LawMD is the right medicine for justice.



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