Failure to Diagnose

One of the most difficult aspects of a failure to diagnose case is proving that the treating physician breached the applicable standard of care. First, the applicable standard of care needs to be established. In Tennessee, for instance, the standard of care applicable to a doctor’s conduct in a particular case is determined by the generally accepted practices and procedures of the medical community in the same geographic area as they apply to patients with the same condition, age, medical history, and other factors. As one can guess, this is an extremely fact-specific determination that will vary from case-to-case.

Once the applicable standard of care has been established, an injured plaintiff must prove that their doctor breached that standard of care by failing to diagnose their condition. In failure to diagnose cases, a physician’s breach may come in a variety of forms, such as the failure to correctly interpret diagnostic tests, the failure to perform tests correctly, and the failure to properly evaluate a patient due to being fatigued or in a hurry. Signs could be external or show up on a blood test, mammogram, or other examination. Many failure to diagnose cases concern conditions like cancer. Regardless, actual and proximate causation will need to be established in terms of linking the failed or delayed diagnosis to the victim’s ultimate condition.

Expert testimony will be required both to establish the applicable standard of care and to prove the physician’s breach. Tennessee law also requires expert review of the medical reports relevant to the case before suit may be filed. Further, the law provides specific requirements for who does and does not qualify as an expert, but an experienced medical malpractice attorney in the Memphis area will be able to assist an injured plaintiff in finding an expert to testify in their case.