Failure to Diagnose Lawyer
The Consequences of an Undiagnosed Medical Condition
When a healthcare provider fails to render a correct diagnosis, their patient may suffer from worsening symptoms and a deterioration in overall health. Had the medical professional correctly diagnosed the problem, preventative medical care and proper treatment could have been rendered in a timely manner.
Whether due to diagnostic errors or poor judgment, mistakes by physicians can be costly. In the worst-case scenario, a failure to diagnose a medical problem could prove fatal.
Misdiagnosis vs.
Failure to Diagnose
Failure to diagnose a medical condition has a lot of crossover with the misdiagnosis of a health problem. Both examples of medical negligence demonstrate a failure by a healthcare provider to properly diagnose the root cause of concerning symptoms.
Failure to diagnose refers to a doctor failing to detect a disease or condition that other medical professionals would have caught. Misdiagnosis, by contrast, means that a doctor diagnosed a health problem incorrectly, leading to unnecessary or ineffective treatment.
No matter which medical error you're the victim of, our lawyers can help with your case.
How Long Do I Have
to File a Lawsuit?
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According to Utah's statute of limitations, you have two years from the discovery of an injury to file a medical malpractice claim. Legal action cannot proceed if the discovery of a medical injury occurred four years from the date of the medical injury. The four-year rule does not apply in some specific situations, such as surgical errors that leave foreign objects inside a patient or if a medical professional concealed the negligence through fraud.
Get Your Case Evaluated by Skilled Medical Malpractice Attorneys Request a Free Consultation with Our Lawyers
Did your doctor fail to diagnose a serious medical problem? Did a medical professional misdiagnose the health condition as something far less serious? You may be entitled to compensation for medical bills, future health expenses, and changes to your quality of life.
Younker Hyde Macfarlane, PLLC has a long history of successfully representing the people of Utah in major medical malpractice lawsuits. We can help you hold negligent healthcare providers accountable for failing to meet the standard of care.
To set up a complimentary case review, contact our attorneys in Salt Lake City, UT.
(801) 335-6467
Medical Malpractice Lawyers Who Fight for What's Right Clients from All Over Utah Share Their Experiences
Jan Wright
Salt Lake City, UT
2023
Our family feels very blessed to have found Younker Hyde MacFarlane to have represented us and to get justice for our precious Mother. We had a long road to get resolution and accountability for our mother, but we had the best team in our corner the entire way!! Our family finally feels like we have closure and can move forward in a positive way knowing we got acknowledgement of wrongdoing, even if it was in a monetary settlement. We can’t thank you all enough for everything you did for us...
View on GooglePete P
Salt Lake City, UT
2022
Great compassion and professionalism from John Macfarlane and everyone at YHM, in taking care of us with the medical malpractice claim. Took years (through the challenges and delays of Covid years), but we chose the right team and the result was what we all needed.
View on GoogleOur Attorneys Fight for People Who Need It the Most
Many people cannot afford high-caliber legal representation, especially in years-long legal battles against medical facilities and their legal defense teams. The attorneys at Younker Hyde Macfarlane, PLLC give the poor and working class a shot at fairness and restitution.
Thanks to free case reviews and legal services on a contingency basis, even the poorest people in the state of Utah can receive top-tier legal representation. Our lawyers fight for the little guy.
Our Salt Lake City injury law office is proud to serve families throughout the Beehive State and provide them with equal footing and support throughout the legal process.
Virtual Consultations Available
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Our attorneys understand that medical conditions and injuries sustained due to physician negligence can affect a person's mobility and ability to travel. To accommodate medical malpractice victims and their loved ones, we offer case reviews and consultations by phone and by Zoom.
Did a Doctor Fail to Diagnose Your Medical Problem? Contact Our Salt Lake City Medical Malpractice Lawyers Today
Victims of medical negligence deserve strong legal representation, whether they're middle-class individuals or working-class families. We know that medical expenses can compound financial struggles, which is why Younker Hyde Macfarlane, PLLC makes legal services available to everyone.
If you've suffered as a result of a misdiagnosis or an incorrect diagnosis, our lawyers can help. To discuss your medical malpractice case, contact Younker Hyde Macfarlane, PLLC today.
(801) 335-6467
Here to Help You No Matter How Long It Takes A Client Shares Her Experience with Our Law Firm
"John Mcfarlane believes in fighting for what is right. I can’t thank this firm enough for the amazing work they’ve done, standing by my side for 7 years until justice was served. Amazing, warm and professional team that I highly recommend!" Sonya Ravitch
Common Medical Problems That Are Not Properly Diagnosed
All kinds of health conditions may be incorrectly diagnosed. Below are some of the most common conditions our attorneys see in misdiagnosis and failure to diagnose lawsuits.
Heart Attack
An improperly diagnosed myocardial infarction could be fatal. Acute coronary syndrome will often cause chest pain and other notable symptoms. However, emergency rooms and urgent care centers sometimes fail to diagnose heart attacks properly, instead claiming that a patient is suffering from heartburn.
In addition to a failed heart attack diagnosis, medical professionals may also miss the warning signs of an impending heart attack.
Ideally, doctors can use an electrocardiogram and administer a stress test to check for signs of a current or imminent medical emergency.
DVT and Pulmonary Embolism
Deep vein thrombosis (DVT) refers to a blood clot forming in a deep vein, most often a vein in the leg. This blood clot can travel into one of the blood vessels of the lung, causing a pulmonary embolism.
Patients with a pulmonary embolism may show up to the emergency room experiencing shortness of breath. Instead of a proper diagnosis, they may get diagnosed with pneumonia or asthma.
A failed deep vein thrombosis or pulmonary embolism diagnosis can cause debilitating injuries and even be fatal.
Cancer
Catching cancer as early as possible improves the chances of successful treatment and survival. A failed cancer diagnosis or a cancer misdiagnosis could mean an uphill battle for a cancer patient.
It's crucial that doctors screen for early signs of breast cancer, prostate cancer, colorectal cancer, and skin cancer. This is especially true when patients complain of lumps, growths, and other common types of cancer symptoms.
In addition to missed cancer diagnosis, delayed diagnosis of cancer could mean the difference between life and death.
Appendicitis
Appendicitis may be improperly diagnosed in children as well as adults. Patients will appendicitis often show up at emergency rooms with complaints of abdominal pain, constipation, nausea, fever, and other symptoms.
Abdominal X-rays can miss appendix inflammation that a CT scan could potentially help a doctor catch.
Failed appendicitis diagnosis could lead to a ruptured appendix. This potentially fatal (and avoidable) condition requires emergency life-saving surgery.
Non-Specific Symptoms
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Medical conditions may initially present non-specific symptoms that seem benign. When patients come to healthcare providers complaining of pain or other serious symptoms, it's crucial for X-rays and other tests to be administered and for doctors to explore all avenues of diagnosis to catch a problem at the earliest stage possible.
We Will Fight Hard for You and Your Family More Reviews for Our Salt Lake City Law Firm
Gilbert Cisneros
Salt Lake City, UT
2023
Younker Hyde Macfarlane made it easier to navigate a difficult time in my life. They were professional and attentive to any questions that I had. McKay Corbett was the attorney that I primarily worked with. He explained things in a way that I could easily understand and was very personable. Younker Hyde Macfarlane made me feel like family and that I was being taken care of.
View on GoogleMatt Cook
Salt Lake City, UT
2022
My family had the pleasure of working with this firm following a tragic event. The firm was very good about answering our questions and explaining the process. Attorneys John Macfarlane and Mckay Corbett were empathetic and fought hard for our case. The paralegal Jill Bedford was also a true joy to work with. I recommend this firm to anyone who needs attorneys who will fight for your case like it’s their own family.
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Prelitigation Panel Reviews for Failed Diagnosis Cases
The state of Utah requires people filing medical malpractice claims to recount their medical malpractice complaint in a virtual meeting in front of a review panel. A lawsuit can only be filed when this prelitigation condition is met.
Panel Rulings and Moving Forward with Your Medical Malpractice Case
The findings of the confidential panel reviews are non-binding and not admissible as evidence in court. That means a medical malpractice lawsuit can go forward even if the review panel deems the case without merit.
Our Lawyers Can Help with the Process
Though intended to prevent frivolous lawsuits, these prelitigation panels can be time-consuming and emotionally draining. The attorneys at Younker Hyde Macfarlane, PLLC can provide guidance through this process without any added cost to our Utah clients.
Damages You Can Collect in Failed Diagnosis Cases
Compensatory damages may be awarded in a medical malpractice claim, covering both economic damages and non-economic damages.
Economic Damages
Compensation for economic damages covers everything associated with the cost of a medical injury. This includes medical bills and the cost of future medical care, loss of income and earning potential, and the need for household assistance.
To calculate economic damages, our medical negligence lawyers can add up current and estimated future medical bills as well as any applicable receipts or invoices.
Non-Economic Damages
Non-economic damages can be challenging to calculate but just as important to note. This includes pain and suffering, emotional distress, and changes in quality of life. Utah caps non-economic damages compensation at $450,000.
Our medical malpractice lawyers can discuss how much you may be able to collect in non-economic damages as part of your ongoing legal representation.
A Word on Punitive Damages
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In addition to the compensation above, you may also be awarded punitive damages. Punitive damages are rare. They go beyond mere compensation, and are intended to punish a negligent healthcare provider for their actions and help deter similar acts from occurring in the medical field in the future.
Here to Help Even During the Most Difficult Times Utah Trusts Our Compassionate Medical Malpractice Lawyers
"We were referred to Younker Hyde Macfarlane because of medical malpractice that ended up taking the life of our child. Although there is nothing that can bring our son back, we found great emotional support and even hope at such a fragile time while working with them. We met with Mckay Corbett at first and he attentively listened for hours then John Macfarlane took over the case... [He] managed to, with his many skills and perseverance, get us a fair and good settlement that gave us the sense of closure we were looking for." Ingrid Pimentel
