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A patient in another state recently claimed that health care providers did not diagnose his injury in a timely manner. As a result, he has decided to file a medical malpractice lawsuit against the providers. Likewise, a medical provider’s failure to diagnose a health condition in West Virginia is grounds for litigation.

In the out-of-state case, the patient asserted that he went to the defendants for medical care at a hospital. However, the defendants reportedly did not diagnose an injury he had — a posterior ligamentous complex injury. In addition, the defendants allegedly did not order a magnetic resonance imaging, or MRI, procedure for him.

Due to the defendants’ alleged failure to diagnose his injury, the patient claimed he suffered mental anguish as well as permanent pain. According to his lawsuit, he has also incurred medical expenses and has suffered disability and disfigurement. He is seeking a jury trial as well as damages totaling more than $50,000, along with court costs.

Medical providers in West Virginia are understandably expected to properly diagnose and treat the patients that come under their care. Unfortunately, this does not always happen, with many doctors failing to exercise reasonable care. If a doctor’s failure to diagnose a patient ends up causing the patient to suffer harm, the patient has the right to seek to hold his or her medical provider accountable through the civil court system. An understanding of what facts must be proved will likely be needed to succeed in this type of civil court case.

Source: madisonrecord.com, “Patient alleges healthcare providers failed to diagnose injury“, Angelica Saylo Pilo, April 16, 2018