Wrongful Death, Malpractice, And Diagnosis Issues

If a loved one went to see a physician and they ended up dying to due to the care or lack of care that was provided by the professional, then you may be able to bring a wrongful death suit against the physician. If you feel that the damage occurred during the diagnosis phase of the treatments, then there are two common types of negligence issues you should be aware of. 

Failure to Diagnose

If your loved one made arrangements to see his or her physician and the professional failed to diagnose a disease during the appointment, then this may be a failure to diagnose. Basically, if your family member indicated that they were experiencing a certain number of symptoms, then the physician has the duty to recognize an ailment based on these symptoms. Of course, this may also mean that further tests need to be scheduled, completed, and assessed before a firm diagnosis is made. 

These tests and assessments are ones that are considered standard based on the symptoms and other clues. For example, If a patient complains of a lump in the breast and a feeling of fatigue, then the physician should send the individual for a mammogram and a biopsy procedure. If the physician fails to do so and the individual has breast cancer, then the physician failed to diagnose the ailment.

The diagnosis must be in line with general standards of care and the types of things that a reasonable physician would do in the same situation. 

In this scenario, the doctor may also be liable for any injuries incurred by the patient if the diagnosis is correct, but it is delayed. A delay in diagnosis and treatment can greatly reduce the chances that the patient will be able to recover, especially when it comes to a serious ailment like cancer.


Misdiagnosis is another serious issue that can lead to a wrongful death. In the most basic sense, misdiagnosis means that you were diagnosed with an illness you did not have. Misdiagnoses may be paired with a failure to diagnose since the physician is not diagnosing and treating the disease you actually have. 

The most common type of misdiagnosis is simply when a doctor thinks that your symptoms match a different disease or disorder. For example, if your doctor believes that you have cysts in the breast instead of cancerous lumps, then treatment protocols will involve the treatment of the infection. Not only will this delay the treatment needed for cancer, but the treatment itself, which may include antibiotics and surgical drainage and removal of the lumps, may be hazardous and harmful to the patient.

As you can see, there are some diagnosis issues that can occur and lead to the wrongful death of a patient. If you feel like this sort of things has happened to a loved one, then speak with a wrongful death attorney at a place like Patrick Merrick Attorney at Law LLC