Failure to diagnose is a type of medical malpractice that occurs when a doctor does not follow the proper protocols to reach a diagnosis, and the patient suffers additional pain, illness, or harm as a result. When a failure to diagnose results in a birth injury, the medical problem the doctor failed to identify could affect either the mother or the child.
This could include:
- Congenital abnormalities in the baby
- Infection in the mother or baby
- Gestational diabetes
- Problems with fetal growth and development
- Issues with the placenta or umbilical cord
- Birth injuries in the newborn
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The failure to diagnose a condition during pregnancy, delivery, or after birth can result in a wide range of repercussions for the mother, and possibly the child. For example, if the doctor fails to diagnose spina bifida in a developing fetus, the parents will not be able to opt for surgery to repair the child’s spine during pregnancy. Children who undergo this type of procedure generally have fewer physical challenges than those who have repair surgery after birth.
In general, you will likely need assistance from a medical expert witness to pursue medical malpractice damages in this type of case. Your attorney can help you understand how to prove medical malpractice and pursue compensation in your failure to diagnose case.