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Can a failure to diagnose apply to preventative screenings?

When time is of the essence, a misdiagnosis can cause great injury to a patient. Yet the failure to properly diagnose early signs of disease can be equally damaging. Preventative screenings for cancer or other diseases are meant to keep us healthy. When doctors fail to identify disease, the untreated condition may progress to a stage where the odds of recovery are indeed low.

In a recent example, a woman sued her medical center after a technician failed to diagnose her cervical cancer. The woman had undergone routine screenings for years. During those exams, she claims she also communicated the pain she had been experiencing. Yet the screenings came back negative over a four-year period.

Unfortunately, the woman may have had early stage cancer from the beginning. She filed a medical malpractice lawsuit against the medical center that employed the technician that conducted the screenings. According to the allegations, the failure to catch her cancer allowed it to progress to stage three by the end of the four-year period.

Our law firm focuses on medical malpractice claims. When doctors or medical centers fail to recognize symptoms or signs of cancer, they might be found liable in a court of law for medical negligence. Indeed, a jury may be sympathetic with a patient whose serious illness or suffering might have been prevented. In today’s example, a jury clearly agreed with the patient’s allegations: It awarded her over $7 million in damages. If you believe your condition was exacerbated by a misdiagnosis or failure to diagnose, an attorney can help you explore your rights and options.

Source:  Portland Press Herald, “Minot woman awarded $7.65 million in malpractice case,” Eric Russell, May 20, 2015

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