Closely related to the claims involving imaging studies are claims involving diagnostic tests. There are an infinite variety of diagnostic tests that can be performed. The tests that tend to generate cases by the mere performance of the test itself usually involve the insertion of something into the body and an adverse reaction as a result of it. For example, a needle that is supposed to go into a vein, but unintentionally is inserted elsewhere and causes damage.
Think of all those medical tests that have the word scope or scopy in it; colonoscopy, gastroscopy, cystoscopy, any of those kinds of tests involve putting a scope or a flexible tube into the patient. Sometimes that insertion is done in a negligent manner and there may be negative results. Typical negative outcomes in these tests include perforations where the scope does not stay where it’s supposed to go but instead goes someplace else. Surgery cases can be difficult because the defendant will often claim that the negative outcome was a risk of the procedure, and sometimes that may actually be correct; but other times the defendant is incorrect. Every case differs depending upon the facts, and in order to know, we would appreciate it very much if you would give us a call.
Similar to the failure to diagnose cases we discussed in another article, a test result can be prepared by a laboratory, sent to the Physician and for whatever reason, the physician puts it in the file and fails to respond to the information that’s on it. If the diagnostic test was performed and the Physician does not respond to it by doing further tests that would identify what the cause and then treating accordingly, then that would be a failure to diagnose case. In those circumstances that is how a diagnostic test can also be part of a medical malpractice case. In some different aspects of medical malpractice can combine together to make a larger claim.
If you think you have a medical malpractice case where there was a failure to diagnose, where there was a failure to respond to a diagnostic test or in an imaging study, please give us a call.
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