Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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Failure to diagnose claims can be complex in Kentucky

Frequent readers of this blog have likely come across the term “failure to diagnose” while reading posts. While this term seems like it would be fairly straightforward, when it comes to medical malpractice cases, there are several considerations that must be taken into account about the term. This information might be helpful to those in Kentucky who think they have been affected by a doctor failing to diagnose an illness or injury.

A failure to diagnose medical malpractice claim can be difficult to prove in court. This is partially because the patient has to prove that the doctor could have diagnosed the condition but failed to do so in the generally accepted method of diagnosis and treatment. In most cases, proving the failure to diagnose can be done through the use of medical experts.

When a doctor fails to diagnose a medical condition, especially something life-threatening like a cancer or a blood infection, serious harm can come to the patient. In this case, there is the possibility for the patient to seek monetary compensation for medical malpractice.

Under the failure to diagnose category, erroneous treatment and failure to treat are sometimes included. Erroneous treatment occurs when a medical professional treats a patient for a condition that isn’t actually present. Failure to treat occurs when a patient has a known medical condition, but the medical professional fails to treat that condition in a manner that is medically acceptable.

Patients who have experienced any type of failure to diagnose, failure to treat or erroneous treatment should be well aware of the damages they might be entitled to receive compensation for. Knowing what each type of damage covers might help a victim to determine what claims to include in a lawsuit.

Source: FindLaw, “Failed/Erroneous Diagnosis and Treatment” Aug. 08, 2014

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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