Representing Victims in
Failure to Diagnose Cases

A medical professional’s failure to diagnose an illness, disease, or other medical condition in a reasonably timely manner is often very traumatic for the patient and the patient’s family. Failure to diagnose can worsen a condition, and affect treatment options as well as the patient’s chances for survival. Patients and families are left wondering how different life may have been if the situation had only been recognized and treated properly. For families and patients who are the victims of failure to diagnose, Attorney Greg Garland in Nebraska can help.

What is failure to diagnose?

Failure to diagnose medical malpractice situations occur when the medical professional fails to identify a medical condition that a reasonable medical professional under the same circumstances would have identified, causing detrimental effects to the patient’s health. When failure to diagnose is proven by a lawyer, the medical professional involved is found to have been negligent and the patient or the patient’s family is entitled to damages under the law. 

However, not all failure to diagnose situations rise to the level of negligence. Attorney Greg Garland will consult with you and help you determine if you have a warranted failure to diagnose case. If you believe that you or a loved one suffered because of failure to diagnose, please contact our Nebraska office.

Situations where failure to diagnose cases may occur

Failure to diagnose can occur in many forms, and is often not recognized by the patient or the patient’s family as the cause of the patient’s worsening condition. If a physician takes an unreasonable amount of time to diagnose the condition and the patient suffers harm, the physician may be found negligent even if the ultimate diagnosis was correct.

This unreasonable amount of time can often occur when many medical professionals are involved in the diagnostic testing ordered by the patient’s primary care physician. Results of medical tests such as x-rays and scans may be communicated from the technician to the radiologist to the physician and then finally to the patient. A lapse in communication anywhere within this chain of information may become a failure to diagnose situation. When this failure causes harm to the patient, the situation may rise to the level of negligence and result in the award of legal damages to the patient or the patient’s family. 

In addition to failing to act in a timely manner, a failure to diagnose claim can arise when the medical professional doesn’t perform or order certain diagnostic tests or screen for certain conditions that an otherwise reasonable medical professional in the same circumstances would test or screen for. Similarly, failing to recognize symptoms can also give rise to a failure to diagnose claim. 

Often patients and families do not realize that failure to diagnose has occurred. Attorney Greg Garland has extensive experience in failure to diagnose cases and can help protect your legal rights during this difficult time. If you suspect that you or a loved one has suffered as a result of a failure to diagnose, contact lawyer Greg Garland in Nebraska as soon as possible to discuss your case.

Attorney Greg Garland

Garland MedMal, LLC.

Since 1980, Greg Garland has been representing the people of Omaha who have fallen victim to medical malpractice. With over $1 million secured for our clients, our team has a proven track record of success. Greg Garland is a member of the:

  • Nebraska State Bar Association
  • American Association for Justice
  • National Institute for Trial Advocacy

If you or a loved one have been injured due to medical malpractice, request a consultation using our form or call us at (402) 330-7000.

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