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Massachusetts Personal Injury Library

What is Failure to Diagnose? (Part B)

Common Conditions that are Often Delayed in Diagnosis or Undiagnosed

The Top Ten common undiagnosed conditions and their percentages as reported are:

  1. Toxoplasmosis – 22%
  2. Sleep disorders – 14.7%
  3. Otosclerosis – 10%
  4. Extra nipples – 10%
  5. Osteoporosis – 6.6%
  6. Hypertension – 5.5%
  7. COPD (chronic obstructive pulmonary disease) – 5.5%
  8. Chronic lower respiratory diseases – 5.5%
  9. Migraine – 5.1%
  10. Thyroid disorders – 4.8%

Although lawsuits from failure to diagnose heart attack, lung cancer, breast cancer, appendicitis, and colon cancer result in higher damage awards, they are not on the Top 10 list. They aren't even in the Top 20 and only breast cancer makes the Top 30 conditions.

Other conditions that have a failure or delayed diagnosis:

  • Ovarian cancer – symptoms are often silent
  • Glaucoma
  • Rare illnesses/diseases

According to About.com, one reason you may be undiagnosed or misdiagnosed, is because you have a rare disease — one that is so unusual that your doctors can't identify it.

Rare Diseases

Rare diseases, sometimes called "orphan diseases," are so-named because they affect so few people. Then, logically, since they affect so few people, there are fewer medical professionals who know much about them or even recognize their symptoms.

If the patient feels that they are misdiagnosed or that treatment isn't working, they may need to look into the possibility that they indeed have a rare illness. The patient should not give up, but instead double in persistence to get a correct and timely diagnosis.

What Constitutes Medical Malpractice in a Failure to Diagnose Case?

If you suspect that you have been a victim of a failed diagnosis, you should consult with an experienced Boston medical malpractice lawyer about the medical staff’s negligence that caused your injuries.

Examples of medical malpractice include:

  • Misdiagnosis of, or failure to diagnose, a disease or medical condition;
  • Failure to provide appropriate treatment for a medical condition;
  • Unreasonable delay in treating a diagnosed medical condition;

If you feel that you have been misdiagnosed, have had a delay in diagnosis, or your doctor failed to diagnose your condition, it is very important to contact an experienced medical malpractice attorney to protect your rights.

For your information, Massachusetts medical malpractice limits non-economic damages in malpractice cases to $500,000.00.

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