Medical appointments can be stressful, making it easy to forget to discuss every single concern. Imagine leaving the doctor’s office, and only later recalling a persistent symptom you missed mentioning.
As that symptom worsens, can a physician still be responsible if they were not given the full picture of your health concerns? This situation raises critical questions in medical malpractice.
Your part in the diagnosis
Doctors often depend on the information you provide to make accurate diagnoses. You play an active role by sharing all your health concerns and symptoms as completely as possible.
Generally, a doctor cannot be held liable for failing to diagnose a condition if the failure resulted directly from the patient’s failure to report key symptoms. They cannot guess what you do not tell them. Clear communication is the foundation of good medical care.
This initial point underscores the importance of being thorough with your doctor. Your accurate reporting assists them in their duty.
When a doctor might still be liable
There are situations where a doctor might still hold responsibility, even with unreported symptoms.
For instance, if symptoms you did report should have prompted the doctor to conduct tests or ask further questions that would have uncovered the unreported issue, liability could exist. Per the standard of care, a doctor may need to look further than the initial information provided if additional indicators suggest a potential problem.
These scenarios often require a detailed review of medical records and standards. It becomes a question of what a reasonably skilled doctor would have done in a similar situation.
Understanding state laws
State laws significantly influence medical malpractice cases:
- New York: A concept called “pure comparative negligence” applies. This means if you were partly at fault for not reporting a symptom, your compensation might be reduced by your percentage of fault. You could still recover damages.
- Pennsylvania: Uses a “modified comparative negligence” rule. If a court finds you 51% or more at fault for the harm (for example, due to not reporting a critical symptom), you cannot recover any damages.
It is important for you to understand how these principles apply to your unique situation, as the details of each case can influence the outcomes.
When seeking legal help
Medical malpractice cases involving unreported symptoms require specialized legal knowledge. A trial-tested medical malpractice attorney can examine your case details and medical records and determine if liability exists despite unreported symptoms. This step is essential for obtaining the financial support necessary for your recovery.