Can I File a Medical Malpractice Claim if a Doctor Ignored My Symptoms?
When you see a doctor and report your symptoms, you expect them to take your concerns seriously. You expect the doctor to listen to, evaluate, and treat you with care. In most cases, this is what happens. However, there are instances where healthcare providers dismiss, minimize, or outright ignore a patient’s symptoms or complaints. Ignoring symptoms can lead to diagnostic errors and missed treatment opportunities. When a doctor ignores a patient’s symptoms, it can have devastating consequences, including a worsened condition or even death.
So, what happens in such cases? Can you file a medical malpractice claim? Under certain circumstances, if a doctor ignores your symptoms, leading to you suffering harm, you may have grounds for filing a medical malpractice claim. Keep reading to learn more!
Why Do Doctors Ignore Patients’ Symptoms?
Even with their many years of training, doctors are still human, meaning they can still make mistakes even when they don’t mean to, especially when handling a high volume of patients. Doctors often do not have enough time to spend with each patient, increasing the risk of missing vital details. Sometimes, factors like gender, age, or even race can influence how seriously a doctor takes a patient’s complaints or symptoms.
However, this kind of oversight is often avoidable. With clear communication, thorough evaluations, and proper attention, healthcare providers can recognize all crucial details. Failure to appreciate vital details, especially when symptoms are clearly reported and documented, can go beyond a simple error to medical negligence.
When Can Ignoring Symptoms Become Medical Malpractice?
Just because a doctor missed your symptoms does not automatically mean you have a medical malpractice claim. For you to have a medical malpractice claim, the doctor must have failed to meet the accepted standard of care, and that failure must have caused you serious harm. The following are examples of instances where you could have a valid medical malpractice claim:
- A doctor dismissed your concerns without conducting appropriate tests
- A doctor failed to refer you to a specialist
- A doctor was not proactive with follow-up care
- A doctor attributed your symptoms to something else without a proper assessment
For example, suppose a woman complains to a doctor about abnormal bleeding and pelvic pain, but the doctor dismisses her concerns without ordering any tests. If months or years later the woman is diagnosed with advanced cancer, the doctor may be held liable for medical malpractice.
Proving a Failure To Diagnose Medical Malpractice Lawsuit
If a doctor ignored your symptoms, the following are the elements you need to prove to have a successful medical malpractice claim:
- The doctor owed a legal duty to care to you
- The doctor failed to act as another reasonable doctor would under similar circumstances
- The failure to act reasonably directly caused you harm, such as a worsened medical condition
- You suffered physical, emotional, or financial harm as a result
However, proving these elements can be challenging. That is why working with an experienced medical malpractice attorney is crucial. A skilled lawyer can help you navigate the legal process and secure the justice you deserve.
Contact an Atlanta Medical Malpractice Attorney
If you believe you have suffered harm because of a healthcare provider’s negligence, contact an experienced Atlanta medical malpractice attorney at Carroll Law Firm LLC for a case evaluation.
Source:
iris.who.int/bitstream/handle/10665/252410/9789241511636-eng.pdf
