When a Doctor’s Failure to Diagnose is Negligent in Virginia

Sadly, we see them all the time: a case where a Virginia doctor failed to diagnose a medical condition.

  • The emergency room doctor thought meningitis was the flu, and sent a patient home.
  • The radiologist believed a tumor was a cyst and nothing was done.
  • The family doctor thought it was migraines, and instead the patient had a brain tumor.

No one is perfect and Virginia doctors make mistakes. No one suggests doctors intentionally harm their patients when they fail to diagnose an illness.

But sometimes, a doctor misses what is really happening to a patient, and like everyone else they should take responsibility for the consequences of their mistakes.

A failure to diangnose a medical condition could be:

  • Negligence.
  • Malpractice.
  • A mistake for which they should be held accountable.

Or not.

So how do you, the patient, know whether a Virginia doctor was negligent?

You must request your medical records and have them reviewed by a local attorney specializing in medical malpractice cases. They will help your family investigate to see what really happened, and whether the failure to diagnose was unacceptable.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.