Tort Liability for Diagnostic Negligence: Pursuit and Defense of Claims Against Providers and Hospitals

A recent study of medical malpractice claims by Johns Hopkins University shows that diagnostic errors are the most common, severe and costly medical mistakes for hospitals and physician practices. They are more likely to cause patient death or disability and generate significant med mal claims payments.

Common errors include the failure to recognize the existence of an illness, misdiagnosis, unreasonable delay in determining the nature of an illness and proper course of treatment, failure to order appropriate tests or improper execution of the criteria by the technician, and misreading test results.

Trial lawyers face several challenges when pursuing claims for diagnostic errors, including obtaining the most appropriate and beneficial supporting documentation and proving that the diagnostic error led to the plaintiff's injury or death, or how to best muster evidence to refute such claims.

Listen as our authoritative panel discusses common types of claims, how to handle medical records and other supporting documents, overcoming hurdles related to proof, and how to assess damages.

1. Common types of diagnostic errors
2. Collecting and evaluating medical documentation
3. Proof issues
4. Assessing damages

The panel will review these and other vital questions:

• Which types of diagnostic errors are most frequently the basis of medical malpractice claims?
• What types of evidence and supporting medical documentation are crucial to succeeding (or defeating) medical malpractice claims over diagnostic errors?
• What proof challenges do trial lawyers face when pursuing claims for diagnostic errors?