Failure to Diagnose Cases

When you seek medical treatment, you have the right to expect you will receive a certain level of professional care. That doesn’t always happen for a variety of reasons, including the failure to properly diagnose your illness or condition. 

There are failure to diagnose laws on the books, but they are usually considered a form of medical malpractice. When a person suffers complications, more pain and suffering, or even death due to incompetence or misdiagnosis, then they have the right to seek damages.

Even when a failure to diagnose takes place, a patient may not always be in a position to hold the medical provider liable for their error. Patients must be able to prove three things to win this kind of suit. First, they must prove that there was an actual doctor-patient relationship. Second, they must prove that the doctor was actually negligent. And third, they must show that the doctor’s misdiagnosis was the direct cause of additional harm or death to the patient.

An experienced medical malpractice attorney will oftentimes retain expert witnesses to discuss what should have happened as a means of proving that a failure to diagnose took place. Having the right attorney and the right medical experts are essential because telling a compelling story to the judge and jury will spell the difference between success and failure to win a judgment. 

Robert Treister has been involved in many medical malpractice and failure to diagnose cases in his more than 30 years as an attorney. Armed with this experience, he is ready to work hard on behalf of his clients to get the results they deserve.   

The Law Office of Robert B. Treister serves clients in Cerritos, Bellflower, Norwalk, Lakewood, Long Beach, La Palma and surrounding Southern California cities.