When filing a medical malpractice claim, as with any sort of personal injury case, you must prove that negligence caused your injury. A Virginia medical malpractice case based on failure to diagnose is one of the more difficult types of claims to prove because of the evidence necessary for a strong case.

You will need the diagnosis of at least 2 medical professionals: the doctor that gave you the original diagnosis (or lack thereof) and a doctor that informed you of the existence of your actual diagnosis. Many patients don't know their original doctor failed to diagnose a condition until it is later discovered by another physician. 

For example, a patient goes into the doctor's office with complaints of swollen glands and pain in the groin and neck area. Even though the patient has abnormal white blood cell counts, the doctor believes the patient is just fighting an infection and sends them home with antibiotics. A while later when the swelling and pain are still present, the patient sees another doctor who diagnoses them with Lymphatic Leukemia.

The second doctor visit, plus the time the patient suffered without treatment, could have been prevented if the first doctor did not fail to diagnose the patient's symptoms. In serious cases where failure to diagnose results in delayed treatment or no treatment at all, the results can be fatal.

Your evidence for failure to diagnose resulting in medical malpractice will need to reflect that there were reasonable factors that your doctor overlooked in diagnosing your condition. If you cannot show that it was obvious your doctor was negligent in your diagnosis, you may not have a case. A Fairfax medical malpractice attorney can assist you in collecting the necessary evidence to support your malpractice claim. 

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

Ben Glass
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Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney
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