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Atlanta Medical Malpractice Attorneys Discuss Misdiagnosis and Delayed Diagnosis

July 28, 2015

Medical malpractice is a significant problem across the United States, resulting in the deaths of thousands of patients each year. The Civil Justice Resource Group, a project of the Center for Justice & Democracy, estimates that there are between 25,000 and 120,000 deaths due to medical malpractice each year. Up to one percent of all hospital patients will be the victims of malpractice, but just 2.9 percent file claims. For this reason, it is believed that the true rate of medical malpractice is likely far higher.

Most doctors are careful when diagnosing and treating their patients.  However, errors in diagnosis cause thousands of deaths each year, making it one of the most common forms of medical malpractice. A number of lawsuits arise annually from delayed diagnosis or misdiagnosis of an injury or illness. When a doctor's diagnosis and proper treatment is delayed or an illness incorrectly treated, the patient's condition can become far worse and death can result. The following is an overview of medical malpractice cases stemming from misdiagnosis and other diagnostic errors.

Your Right to Recover Following a Delayed or Incorrect Diagnosis

Doctors will not be held liable for all diagnosis errors. Rather, an injured patient or the family members of a deceased patient must prove that he or she was under the doctor's care, the doctor acted in a negligent manner, and the negligence caused injury to or death of the patient.

A delayed diagnosis or misdiagnosis in and of itself will not prove negligence. Even highly trained, skilled and focused doctors can make errors in diagnosis. The key to any medical malpractice case is determining whether the doctor acted in a competent manner, which will require an evaluation of the steps the doctor took, or failed to take, in reaching a diagnosis. This will require analysis of the steps the doctor took prior to diagnosing the patient. Doctors utilize a differential diagnosis method that involves considering all possible ailments. The doctor will then test the diagnoses by asking more detailed questioning, running tests, requesting a medical history, referring to a specialist and much more.

In order to establish negligence on behalf of the treating physician, a patient must establish that a doctor faced with the same circumstances and having the same level of knowledge would not have misdiagnosed or failed to timely diagnosis the patient's ailment. This could mean that the doctor did not completely perform the standard differential diagnosis method. A medical malpractice attorney will assist you in analyzing your potential medical malpractice case in order to protect your legal rights.

Montlick and Associates, Attorneys at Law: Put Our Over 37 Years of Experience to Work on Your Case!

The Georgia Medical Malpractice Attorneys at Montlick and Associates, Attorneys at Law, assist in complex medical malpractice cases in Georgia and in the Southeast. Our firm has represented victims and their families in medical malpractice cases for thirty years and will diligently fight for your best legal outcome. Prompt action is vital to the success of your medical malpractice action. As such, do not delay in seeking legal assistance as your time to file a claim following any medical malpractice injury is limited. Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.