Failure to Diagnose Lawyer

Albany Failure to Diagnose Lawyer


Finding a failure to diagnose lawyer may seem like a highly challenging task. However, this allegation is a type of medical malpractice violation wherein a physician does not take the steps to identify his/her patient’s problem.

These cases are fraught with some difficulties in proving your allegations. It is, therefore, vital that you find an experienced failure to diagnose lawyer who is experienced in handling these cases.

Common Difficulties in Proving Failure to Diagnose Claims


  • You must show that prior medical conditions did not cause personal injury, even if they were “promptly diagnosed and treated.”
  • You must consult with the “right” specialist or diagnostician who understands the symptoms and treatment needed to solve your medical problem.
  • You must not provide misleading information to the doctor who failed to diagnose and treat the cause of your problem.
  • You must also allow for “reasonable diagnostic errors” that do not show evidence of negligence.
  • You must provide evidence that shows “had you been accurately diagnosed, you would not have suffered the serious harm” you endured.
  • Your lawyer must assemble evidence your doctor acted negligently by skipping appropriate steps in the diagnostic process.

How to Find the “Right” Albany Area Failure to Diagnose Lawyer for My Case?

Since it can be challenging to prove failure to diagnose allegations, you must find an experienced medical malpractice attorney to handle your specific case. Since these cases do not fit the most popular role of personal injury filings, they often result in trials, in lieu of negotiated settlements.

Therefore, you should ask the right questions at your lawyer consultation.

  • How many similar cases have you handled and won? The attorney’s track record is important.
  • Is any fee due if the lawyer does not win the case? While most personal injury attorneys work on contingency (fees are due only if monetary awards are achieved), some contingency agreements obligate clients to reimburse the attorney for some necessary expenses.
  • When will the case be filed and, if a settlement is impossible, when should my case go to trial? Depending on the jurisdiction, if the trial calendar is full for the immediate future, it may take a long while for your case to reach trial.

Get satisfactory answers before you choose a lawyer to represent you in a failure to diagnose lawsuit. A medical malpractice specialist that inspires confidence in your case is the “right” attorney for you.

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