Greater Boston Medical Malpractice - Misdiagnosis Claims
Malpractice claims involving diagnosis errors, negligent delays in diagnosis, or misdiagnosis leading to ineffective or counterproductive treatment can be difficult to prove. For experienced legal advice about your rights in a misdiagnosis case, contact the Massachusetts medical malpractice lawyers at Kenney & Conley in Braintree.
Many factors can lead to the misdiagnosis of an illness or medical condition. Sometimes a radiologist fails to detect a malignant tumor on an x-ray. A surgeon might fail to refer a patient to an oncologist or cardiologist for a condition that was noticed during surgery. An internist might conclude that blood in the stool might simply reflect hemorrhoids and fail to order a colonoscopy to check for cancer. In many instances of medical misdiagnosis, the physician might simply conclude that the patient is too young or healthy in appearance to be at risk for the heart attack or stroke that proves fatal.
At Kenney & Conley, we emphasize thorough investigation and analysis of a misdiagnosis claim with medical specialists from the relevant disciplines before we file a lawsuit. We understand our obligation to obtain the support of medical experts to vouch for the allegations of the initial complaint. We also need to present the claim for malpractice before a screening tribunal composed of a doctor, a lawyer, and a judge. The medical malpractice tribunal decides whether the plaintiff has a good chance of proving negligence against the defendant, or whether the plaintiff's condition simply reflects an "unfortunate medical result." Our exhaustive review of the misdiagnosis claim as to both liability and damages helps us overcome these procedural hurdles.
Because claims of failure to diagnose can cover such a broad range of illnesses and lapses of professional judgment, it is difficult to generalize about these claims, except to observe that causation--the link between a physician's negligence and the patient's further injury or death --is usually the most difficult element of the case to prove. For example, in a case alleging a failure or delay in diagnosing cancer resulting in the patient's death, the defense can try to show that the cancer would have been fatal even if discovered long beforehand, or that it would have been inoperable.
More than 20 years ago, Greater Boston medical malpractice attorney Paul Kenney negotiated one of the Commonwealth's first million-dollar settlements for failure to diagnose cancer, and he has remained continuously active in the litigation of medical malpractice claims ever since. To see how our firm's experience and attention to detail in the development of your claim can benefit you and your family in a malpractice claim, contact the Massachusetts medical negligence lawyers at Kenney & Conley for a free consultation.