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Alleged failure to diagnose leads to suit, $2 million settlement

A doctor in another state was accused of failing to diagnose a patient who had a headache. He recently agreed to pay her a settlement totaling $2 million for his alleged failure to diagnose her condition properly, which is grounds for litigation in West Virginia and other states. The woman described her headache as the worst one she had ever experienced in her life.

The woman apparently visited the doctor, who is with a medical group, back in September 2011. She claimed that the doctor failed to perform a proper neurological and physical exam on her. He also reportedly did not recognize that she might have been experiencing a neurovascular event.

The woman ended up suffering a ruptured intracranial aneurysm. This caused her permanent injury, and she now requires help in all areas of her daily living. The case was slated to go to trial, but the doctor agreed to the settlement with the woman before the trial commenced.

When a doctor's failure to diagnose a patient causes the patient to suffer serious harm, it is within the rights of that patient to take legal action in an attempt to hold that doctor liable and recovered documented financial losses. Liability, based upon a showing of negligence, must be established in court before it will consider claims for financial damages. A successfully fought case in West Virginia may lead to a monetary judgment for damages that can help to cover ongoing medical expenses and other losses stemming from the documented incident of medical malpractice.

Source:, "Norwalk woman gets $2M in medical malpractice settlement", Daniel Tepfer, Nov. 2, 2016

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