Diagnostic Errors as Basis of Good Medical Malpractice Suit

By Rheingold Giuffra Ruffo & Plotkin LLP

Doctors tend to complain that they are forced to do unnecessary tests due to fear of getting sued for medical malpractice. But the truth is that many of the most promising malpractice suits our firm handles are based on doctors who fail to perform tests.

This can be confirmed by a new study on what leads doctors to make diagnostic errors. ( BMJ Qual Saf.<http://www.ncbi.nlm.nih.gov/pubmed/22129930> 2012 Feb;21(2):160-70) The doctors at the VA hospital in Houston, TX, did a major review of medical literature since they were concerned about the number of deaths and serious injuries due to a misdiagnosis or failure to do the right test. They were able to find a number of common errors, which they suggest can be minimized through careful practice.

Oftentimes, when a prospective client comes to us about a serious injury while under medical care, we find through study of the records that there was a missed diagnosis, or the failure to do a test. Had the proper analysis been made, we are often able to find a meritorious basis for a lawsuit.

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