Can You Sue a Doctor for Failure to Diagnose?

Can you sue a doctor for failure to diagnose? When a doctor's actions result in a failure to diagnose that causes you harm, you can file a lawsuit against the doctor. Others involved can also be named as defendants, including nurses, medical staff, and the doctor's employer. Watch the video below as Bill Hinnant answers the question "can you sue a doctor for failure to diagnose?"

Timestamps:
0:00 Intro
0:29 Physicians can be Employees
1:18 Employers Can Be Held Responsible
2:18 Look for an Experienced Lawyer
3:48 Steps to Identify

Can you sue a doctor for failure to diagnose?

In addition to the doctor, all other involved parties should be named in a malpractice lawsuit. Parties that should be named include the following:

Nurses
Radiologist
Lab techs
Hospital/medical facility

Most doctors today are employees. If your doctor is employed by a medical facility or hospital, you should name his or her employer. Employers can be vicariously liable for the negligent actions of their employees through a legal principle called respondeat superior. Naming all potential defendants when you file a lawsuit can help to maximize your potential recovery.
Determining liability with the help of an experienced attorney

If you believe that your doctor was negligent, you will need to determine whether or not your claim has legal merit. You might need to retain an experienced medical malpractice attorney and a medical expert to review your medical records.

You do not want to hire an inexperienced attorney to handle your potential claim. A lawyer who has extensive experience handling medical malpractice claims is more likely to secure a more favorable outcome.
Mind the statute of limitations

The statute of limitations serves as a deadline for filing your claim. If you wait too long and try to file a lawsuit after the limitations period, your case will be time-barred. You should contact an experienced medical malpractice lawyer as soon as you believe that medical negligence has occurred.

You will need to get copies of your medical records. You can request them from the medical facility or hospital. Try to get copies of all relevant records, including the treatment records, diagnostic reports, lab reports, and doctors' and nurses' notes. Your lawyer will need to review these records to determine whether malpractice might have occurred.
Learn more suing a doctor for failure to diagnose

If you think you might have been the victim of a doctor's negligent failure to diagnose, you should reach out to the physician attorneys at LawMD. We have decades of experience handling medical malpractice and failure to diagnose claims. Contact us today for a free consultation at 1-888-MYLAWMD.

[Legalnursedieguez]

Excellent explanation, thanks for sharing your expertise!

[TK.]

I'm a nobody, but I would think it would be illegal for her not to fill the paperwork out. What information she puts on there may be another issue. I don't know but good luck.