Defending Physicians, Medical Facilities and Insurers Against Allegations of Failure to Diagnose

Allegations of failure to diagnose can present substantial liability risks for physicians, medical facilities and insurers. Whether filed by patients or families, these medical malpractice cases typically involve claims for substantial damages, and plaintiffs’ lawyers will relentlessly pursue settlements and litigation.

At Rendigs, we have substantial experience representing clients in cases involving allegations of failure to diagnose. The lawyers in our medical malpractice defense practice group build and execute comprehensive defense strategies focused on the key facts at hand. While we will recommend and target settlement when it makes sense to do so, we have had significant success helping providers and insurers avoid liability entirely, and we will not hesitate to take cases to verdict.

A Comprehensive Approach to Medical Malpractice Defense

We take a comprehensive approach to medical malpractice defense in cases involving allegations of failure to diagnose. In a typical scenario, our process for defending against these allegations involves steps including (but not limited to):

  • Investigating the Patient’s or Family’s Allegations – We will thoroughly investigate the patient’s or family’s allegations. This includes both investigating to discern what the patient knew (or should have known) prior to seeking treatment and whether the alleged failure to diagnose is in fact responsible for the patient’s harm or death.
  • Reviewing the Patient’s Medical File – We will examine the patient’s medical file to determine what information was available at the time of diagnosis. Not all diagnostic failures constitute medical malpractice, and it may be the case that the alleged “failure” in question was justified under the circumstances.
  • Consulting with Experts in the Field – We will consult with experts in the relevant medical field to assess whether the alleged failure to diagnose amounted to a failure to meet the requisite standard of care. As necessary, we will work with these experts to secure their written opinions or expert testimony.
  • Providing Coverage Opinions – In cases involving questions of insurance coverage, we can provide coverage opinions. Whether an alleged failure to diagnose is covered under a provider’s medical malpractice insurance policy won’t always be clear, and in many cases a coverage opinion is necessary for making informed decisions.
  • Building and Executing a Comprehensive Defense Strategy – Once we have all of the information we need, we will build and execute a defense strategy that takes into account all pertinent facts and circumstances. We work to protect our clients by all means available, and we take a systematic approach focused on achieving a favorable result as efficiently as possible.

In addition to representing clients in medical malpractice claims and litigation, we also represent physicians in licensing and disciplinary matters. If you are facing professional discipline as a result of an alleged failure to diagnose, we can represent you before your medical licensing board; and, if necessary, we can challenge the outcome of your disciplinary proceeding on appeal.

Speak with a Lawyer in Our Medical Malpractice Defense Practice Group

If you or your company needs defense counsel for a medical malpractice claim involving allegations of failure to diagnose, we encourage you to contact us for more information. Please call 513-381-9200 or send us a message online to speak with a lawyer in our medical malpractice defense practice group.