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Have you or someone you love suffered an adverse health outcome as a result of a diagnostic testing error? If that error caused your physician to fail to diagnose your condition accurately and in a timely manner, you could be entitled to compensation. Contact the Law Office of Kelley J. Johnson today for a free consultation with a member of our dedicated legal team. Kelley J. Johnson is an Indianapolis diagnostic test errors attorney who has built her legal career on representing clients in medical malpractice cases to hold medical professionals responsible for the mistakes they make.
How Our Experienced Indianapolis Diagnostic Test Errors Attorney Can Help You
Why choose the Law Office of Kelley J. Johnson to be your diagnostic error medical malpractice lawyer in Indianapolis? We focus exclusively on medical malpractice-related cases, so we have deep insight into how testing errors happen and how patients suffer as a result. We are a boutique firm that has successfully navigated Indiana’s strict medical malpractice rules to recover millions of dollars for our clients.
Our team can do the following to aid in your Indiana medical malpractice case:
- Work with qualified medical experts to understand how the diagnostic testing error occurred and the harm you suffered because of it
- Calculate the full and fair value of your claim, including future medical expenses, lost wages, mental anguish, and pain and suffering, to pursue maximum compensation on your behalf
- Present compelling evidence before a medical review panel to assert your right to pursue your claim
- Negotiate aggressively for a settlement with the physician’s malpractice insurance provider
- Proceed to trial if the insurer does not offer fair compensation
- Charge you no attorney fees unless we successfully resolve your matter
We’re proud of the results we’ve achieved for ordinary people going through extraordinarily difficult circumstances. As one said of working with our Indiana medical malpractice attorney and team:
“Kelley is absolutely phenomenal. She was one of the only lawyers to truly look at my potential case. She took my case and helped me push through to a great outcome. I highly recommend her and her firm. Kelley and Janet kept me updated, always assisted me with any questions, and didn’t treat me like a number. Kelley truly cares about her clients. I am very happy with what the outcome of my case was.”
– Cody S.
Our Indianapolis medical malpractice firm can guide you through every step of the legal process and ensure that you receive the medical care you deserve. Call us today for a free case evaluation.
What Is a Diagnostic Test Error?
The National Academy of Medicine defines a diagnostic error as the failure to either establish a timely, accurate explanation for a patient’s health problem or communicate that explanation to the patient. Diagnostic errors can take many forms, including the following:
- Failure to diagnose occurs when a patient’s medical condition is never identified, even though there was sufficient information to make the correct diagnosis. As a result, the patient does not receive appropriate medical treatment for the actual condition, which can lead to disease progression, preventable complications, or even death.
- Delayed diagnosis occurs when the correct diagnosis is eventually made, but only after an avoidable lapse in time. As with a missed diagnosis, a delay in accurate diagnosis can lead to missed opportunities to treat a condition in an earlier, less aggressive stage.
- Misdiagnosis occurs when a medical provider provides an incorrect diagnosis of one condition when the patient actually has a different one. A wrong diagnosis can lead to inappropriate or unnecessary treatments while the true underlying disease remains untreated.
Diagnostic errors are far more common than many people realize. According to a study cited by Johns Hopkins Medicine, approximately 795,000 Americans die or become permanently disabled as a result of diagnostic errors every year.
Common Causes of Diagnostic Test Errors in Emergency Rooms
According to research by the Agency for Healthcare Research and Quality, emergency departments are at particularly high risk for diagnostic errors, likely because of the hectic nature of emergency care. Common diagnostic test errors in emergency rooms include the following:
- Failure to order appropriate diagnostic tests
- Delay in conducting imaging tests, like CT scans, MRI, X-rays, and ultrasounds
- Laboratory testing errors
- Misinterpretation of radiology or pathology reports
- Failure to communicate abnormal test results
- Communication breakdowns between healthcare providers
- Inadequate patient assessment or documentation
Emergency room errors can lead to serious harm. You may be able to recover compensation if you suffered as a result of medical errors caused by the actions of negligent healthcare providers. Experienced Indiana medical malpractice lawyers can help you pursue your legal claim.
When Does a Diagnostic Test Error Become Medical Malpractice?
Medical malpractice refers to negligence committed by a healthcare provider that results in a patient’s injury or other adverse outcome. Not all situations lead to diagnostic mistake malpractice claims. Instead, a diagnostic test error may become medical malpractice when the following happens:
- A doctor-patient relationship existed between the patient and doctor;
- A healthcare provider fails to diagnose a patient’s ailment accurately and in a timely manner;
- The patient suffers negative health outcomes as a result; and
- Another healthcare provider of similar training and experience would not have made the diagnostic error.
The following are a few scenarios to help you understand when a diagnostic error could be medical malpractice:
- A patient presents with persistent chest pain and other cardiac risk factors, but their physician does not order an electrocardiogram (ECG) or cardiac enzyme tests. The patient later suffers a preventable heart attack that could have been identified earlier.
- A routine chest X-ray reveals a suspicious lung nodule. However, the patient’s physician never reviews the findings or communicates them to the patient. A year later, an oncologist diagnoses the patient with advanced lung cancer that might have been treated successfully if the first physician had warned the patient or referred them to a specialist.
- A patient with symptoms suggestive of appendicitis receives an unrelated abdominal ultrasound instead of the more appropriate imaging study. The delayed diagnosis results in a ruptured appendix and serious infection.
The patients in any of the above scenarios might have grounds to pursue a medical malpractice claim against their physician. If successful, the claim could provide compensation for both the financial and personal harm the patient suffered because of the doctor’s diagnostic mistake.
Indiana Medical Malpractice Laws That Apply to Diagnostic Test Error Claims
The Indiana Medical Malpractice Act sets specific rules about malpractice claims in the state, including the following provisions:
- A patient’s total compensation for a medical malpractice claim cannot exceed $1.8 million.
- Physicians are responsible only for the first $500,000 per patient. The Indiana Patient’s Compensation Fund (PCF) will pay any excess award of compensation, up to $1.3 million.
- A patient alleging medical malpractice must have their claim reviewed by a medical review panel of three physicians before it can move forward to trial.
- Patients have up to two years from the date of an alleged act of malpractice to file their claim. However, patients who were six years old or younger at the time of the alleged act have until their eighth birthday to file.
These strict rules underscore the importance of having the kind of legal support that only an Indianapolis diagnostic test errors attorney can provide for you.
Contact An Indiana Diagnostic Test Malpractice Attorney Today
With nearly 20 years of experience in the field of medical malpractice, Kelley J. Johnson has the knowledge and insight to handle complex legal claims involving diagnostic errors. Contact the Law Office of Kelley J. Johnson for your free, no-obligation consultation. Your case review is fully confidential. Our Indiana diagnostic test malpractice attorney can pursue the accountability and compensation you deserve.
