Roanoke Failure to Diagnose Attorney
If you visited a healthcare provider—a primary care provider, a general practitioner, or a specialist—seeking a diagnosis and that healthcare provider failed to accurately diagnose you, it may be possible to file a medical malpractice lawsuit. An experienced and compassionate Roanoke failure to diagnose attorney can begin working with you on your case today
Elements of a Failure to Diagnose Lawsuit in Roanoke, Virginia
To be eligible to obtain compensation in a failure to diagnose situation, the patient will need to prove the following elements of a medical malpractice claim:
- Healthcare provider owed the patient a duty of care (which will be provable in nearly any situation where there is a doctor-patient relationship);
- Healthcare provider breached the duty of care by failing to diagnose the patient’s condition or disease; and
- Patient suffered an injury or harm, and resulting damages, as a result of the failure to diagnose.
It will be critical to work with a Roanoke failure to diagnose lawyer who has experience handling cases like yours to ensure that all necessary evidence is gathered and presented to the court in the most effective manner possible. Medical malpractice lawsuits are complicated, but one of the misdiagnosis lawyers at our firm can help.
Who is Liable for a Failure to Diagnose?
Liability in a failure to diagnose claim can depend on several different factors, including which healthcare provider or providers was negligent in failing to diagnose your condition. In some instances, the doctor who failed to diagnose your illness or condition will be responsible for the harm that resulted from your misdiagnosis, but a laboratory or lab tech, or even the hospital or medical center where you sought a diagnosis, could be held accountable for your losses. The following are examples of parties who could be liable in a failure to diagnose claim:
- Physician or specialist who failed to diagnose your condition;
- Laboratory where your tests were incorrectly processed;
- Laboratory technician who incorrectly processed your tests; or
- Hospital or other medical facility where you were misdiagnosed.
You should speak with a misdiagnosis lawyer in Roanoke about the specific facts of your case in order to determine who you could be eligible to sue in your medical malpractice lawsuit.
Timeline for Filing Your Failure to Diagnose Claim
Under Virginia law, most medical malpractice lawsuits must be filed within two years from the date of the healthcare provider’s negligent act or omission that causes your injury. However, failure to diagnose claims are a bit different. According to Virginia law, “in a claim for the negligent failure to diagnose a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma,” the injured patient has one year from the date of learning about the failure to diagnose to move forward with a lawsuit against the negligent healthcare provider.
For most patients, the clock on the statute of limitations will begin ticking on the date the patient receives an accurate diagnosis and realizes that the original healthcare provider failed to diagnose the condition accurately.
Seek Advice from Our Aggressive Roanoke Misdiagnosis Lawyers
Do not hesitate to get in touch with our experienced Roanoke misdiagnosis attorneys to learn more about your options for seeking financial compensation and holding your negligent healthcare provider accountable. Contact MichieHamlett today for more information about the services we provide to injured patients in medical malpractice claims in Virginia.