Law Office of Robert A. Miller
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Failure to diagnose HIV leaves man with worsened condition


When doctors fail to diagnose a medical condition the results can be tragic for a patient. His or her medical condition can worsen, causing increased pain and suffering and medical expenses. In some instances when a patient receives delayed treatment, his or her chance of surviving the condition can be greatly diminished. For these reasons, it is imperative to hold negligent medical professionals accountable for their wrongdoing so that future patients are protected and the victim is justly compensated.

In most instances, the only way to find relief is through the civil law system. Those who are harmed by a medical professional's negligence can file a medical malpractice lawsuit against the errant party with the intent of recovering compensation. Winning a case depends on a plaintiff's ability to show the defendant breached his or her duty of care to the victim and that breach caused the victim's injuries. If a case is successful, then money may be awarded to the victim to compensate for medical expenses, lost wages, and pain and suffering.

One of these lawsuits was filed against a hospital and its doctors after their failure to diagnose the victim with HIV led to a worsened condition. According to the lawsuit, though medical professionals knew the man was at risk of HIV because he was a paramedic and gay, they failed to recognize his neurological symptoms as being caused by HIV. As a result, the victim's health has deteriorated, severely affecting his ability to work.

The emotional blow caused by a misdiagnosis or a failed diagnosis can be devastating. At a time when a victim does not know what to do, he or she can find guidance from an Oregon attorney dedicated to medical malpractice victims' rights. He or she can walk a victim through the process and provide the victim with the information needed to make fully informed legal decisions in his or her best interests.

Source: Boston Business Journal, "HIV patient's lawsuit against Lahey Clinic and doctors moves forward," Eric Convey, April 30, 2014

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