Failure to Diagnose Law

The Standing Committee on Medical Professional Liability is devoted to preserving and protecting the legal rights and remedies of persons injured while obtaining medical treatment and care. The Committee monitors policies that promote protecting the public as consumers of medical and health care services at the federal level regarding medical liability.

The medical profession has long subscribed to a body of ethical statements developed primarily for the benefit of the patient. As a member of this profession, a physician must recognize responsibility to patients first and foremost, as well as to society, to other health professionals, and to self. The following Principles adopted by the American Medical Association are not laws, but standards of conduct which define the essentials of honorable behavior for the physician.

The lottery-like aspect of civil liability is nowhere more evident than in medical liability. Very few acts of medical negligence result in patient claims and that very few paid claims actually involve medical negligence. The traditional system no longer works. These non-notorious inequities and inefficiencies of the medical liability system negatively affect the cost and quality of health care as well as access to adequate health care. More important, the practice of "defensive medicine" as a means of reducing or avoiding tort liability is a major contributor to health care cost.

Failure to diagnose refers to the failure of a medical professional to correctly diagnose a medical condition. Failure to diagnose, delayed diagnosis and other types of misdiagnosis are common causes of medical malpractice lawsuits; see misdiagnosis and medical malpractice.

Physicians need an advocate in the nation’s capital. As the leading voice for America's physicians in Washington, D.C., the AMA is aggressively involved in advocacy efforts that are related to the most vital issues in medicine today. Here you can review the AMA's National Health Care Policy Agenda and further explore some of the AMA’s top priorities, such as expanding coverage for the uninsured and reforming the Medicare physician payment system in a way that accurately reflects rising practice costs.

The goals of the agency are: * to foster fundamental creative discoveries, innovative research strategies, and their applications as a basis for ultimately protecting and improving health; * to develop, maintain, and renew scientific human and physical resources that will ensure the Nation's capability to prevent disease; * to expand the knowledge base in medical and associated sciences in order to enhance the Nation's economic well-being and ensure a continued high return on the public investment in research; and * to exemplify and promote the highest level of scientific integrity, public accountability, and social responsibility in the conduct of science.

The Patients’ Action Network will keep you updated on critical health care measures pending in the U.S. Congress, government agencies, your state legislature, and as reported in the media. We’ll let you know when bills are heading for a vote, or are in danger of being ignored. And we’ll ask you to help ensure lawmakers take appropriate action on these important issues.

A physician's failure to diagnose tops the chart as the most common allegation in medical liability lawsuits, according to a February study that has prompted some risk management experts to warn physicians that defensive medicine is their best protection.

Most people place a great deal of trust in the abilities of their physicians, specialists, medical staff and medical facilities to timely and properly diagnose and treat their illnesses. Unfortunately, many patients are victimized when these trusted professionals fail to recognize symptoms and allow diseases or other medical conditions to invade their bodies.

Since 2004, the U-M Health System has been in the national spotlight for its innovative approach to medical errors, mishaps and near-misses -- and their potential legal consequences including malpractice suits. If you have reached this page after hearing or reading about our approach in the news media, welcome! We hope this page will be useful to you.

Articles written by attorneys and experts worldwide discussing legal aspects related to Health Care and Social including: defective drugs, failure to diagnose, informed consent, medical law, medical malpractice, medication errors, pharmaceutical law, social security, social services law, surgical errors.