Law Offices of Judy Snyder

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Woman claims she is a victim of a failure to diagnose

Oregon doctors are tasked with gathering as much relevant data as possible in order to diagnose a patient's condition. A failure to diagnose the right condition could put the life of that patient in jeopardy. Across the country, several thousand people are permanently injured or killed each year due to a misdiagnosis.

One woman claims that doctors in her state added her to those statistics in 2014. She went to the emergency room because she was suffering from back and chest pain that she considered severe. The examination resulted in a diagnosis of unspecified musculoskeletal pain. She was then sent home.

Sometime later, the Illinois woman was told that she had an infection in her spine. According to her lawsuit, due to the fact that the infection was not diagnosed the first time she went to the emergency room, she has incurred significant medical expenses and other damages. She claims that she suffered permanent injury as well.

As part of the litigation, she will need to prove to the court that the standard of care she received from doctors during that first visit was below acceptable medical standards. Evidence will need to be presented to the court that establishes that fact. If the court rules that medical malpractice occurred, she might be awarded the damages she seeks.

It would also be necessary here in Oregon to show that a doctor or doctors' treatment of a patient was substandard. If that is established, it will next be necessary to show that a failure to diagnose the patient's condition caused serious injury, along with significant financial damages. Once that is accomplished, a court will consider the entry of a monetary judgment based upon documented items of financial damages.

Source:, "Patient alleges Vista Memorial misdiagnosed spinal infection", Robert Hadley, Dec. 24, 2015

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