Misdiagnosis/Failure To Diagnose

When a doctor misdiagnoses a health condition or fails to properly diagnose or treat an illness or injury, this can have devastating effects for the patients. Patients who are denied prompt and proper treatment often experience a situation where the condition worsens, leading to a diminished chance for a successful recovery or survival. It may also deprive a patient of the opportunity to receive necessary testing or treatment that could significantly impact their chances for a successful outcome.

When warning signs or symptoms are present, it is critical to the patient's health that the doctor recognizes those symptoms and makes a prompt diagnosis. Misdiagnosis of a condition and the failure to diagnose or treat a condition are especially critical in cases such as cancer, strokes, heart attacks or head injuries where the key to a good outcome is directly tied to prompt and proper diagnosis and treatment.

Inattention Is Often the Culprit

Often these medical mistakes in properly diagnosing or failing to treat existing conditions occur when doctors fail to give their full time and attention to a patient. When a patient suffers injuries resulting from a failure to properly diagnose and treat a condition, the patient and their family should not be responsible for the injuries suffered. We have successfully handled medical malpractice cases in Kentucky and Indiana arising out of physicians' misdiagnoses, failure to timely diagnose an illness, and even the failure to treat a condition that has been properly diagnosed. If you or a loved one believes that medical negligence has resulted in an illness or injury being misdiagnosed, or that has gone undiagnosed or untreated and this destroyed or decreased the chances of overcoming the illness or injury, contact us now to discuss your potential case.

Missed Diagnosis Case Summary

The following case summary is a diagnostic negligence case we have personally handled and litigated, and is provided for illustrative and informational purposes only. It is not meant to offer legal advice take the place of consultation with a qualified attorney with the requisite expertise and experience in these matters. These cases are only a sampling of the actual cases we have handled. While some cases may be similar, each case involves unique parties and specific facts, and the application of those facts to the controlling law may differ significantly depending upon the circumstances. No results or outcomes can be guaranteed in any case.

Allison W.

Allison W. of Versailles, Kentucky, then age 48, and the city clerk for her hometown of Winchester, awoke on May 15, 2005, with abdominal pain. She called her family doctor, but he could not be seen until two days later. The doctor performed an ultrasound and promptly ruled out gallstones. He then scheduled a CT scan of her pelvis for the next day. Allison returned for her CT scan, and she was injected with the contrast for the test. At this juncture she ran into an issue. Her HMO, Bluegrass Family Health, would not agree to pay for the scan. Her doctor did nothing. Allison returned to see her doctor only a few days later, and her pain was far worse and constant. Without performing any additional testing, her doctor presumed her pain was caused by a strained muscle. When Allison's pain did not subside, she began to appeal her HMOs decision denying her scan. Finally, nearly a month after the onset of her pain, Allison had a CT scan that revealed she had appendicitis; however, because of the lapse of time her appendix was mostly gone, it having been destroyed by the resulting infection. Allison was rushed to emergency surgery where part of her colon and bowel were removed. She remained in the hospital for eight days and endured a lengthy recovery. The insurance company for the doctor offered nothing and accepted no responsibility. Allison's case went to trial in the Woodford County Circuit Court. In damages, Allison took medicals of $109,259 plus $400,000 for future care. Her pain and suffering was valued at $750,000. The jury also elected to award $100,000 more in punitive damages against the doctor. The verdict totaled $1.36 million, not including judgment interest of 12 percent, and it was upheld on appeal.

Don't Accept Preventable Mistakes. Call Today.

To discuss your medical situation with an experienced lawyer, call Ewing & Willis is Louisville to schedule a free initial consultation: 502-694-7420. You can also write to us using our online contact form.