Feeling dismissed by a doctor when you know something is wrong can be deeply frustrating and unnerving. You trust medical professionals to listen to your concerns and take your symptoms seriously. When they fail to do so, and your health suffers as a result, you may wonder if you have any legal recourse. The short answer is yes, you might be able to sue, but it falls under a specific area of law known as medical malpractice.
This guide will explain the grounds for a lawsuit when a doctor ignores your symptoms and what steps you can take if you believe you have a case.
Understanding Medical Malpractice and Negligence
Not every diagnostic error or negative health outcome is grounds for a lawsuit. The key to a successful medical malpractice claim is proving negligence. This means you must demonstrate that the doctor failed to provide the accepted “standard of care”—the level of skill and diligence that a reasonably competent doctor in the same specialty would have provided under similar circumstances.
When a doctor ignores your symptoms, it may be considered a breach of this standard. To build a case, you and your legal team must show four key things:
- A doctor-patient relationship existed.
- The doctor was negligent by ignoring your symptoms.
- This negligence directly caused you harm or injury.
- The injury resulted in specific damages (e.g., medical bills, lost wages, pain and suffering).
Examples of Ignored Symptoms Leading to Harm
A doctor dismissing a patient’s complaints can lead to a delayed diagnosis or a complete failure to diagnose a serious condition. This delay can allow a treatable illness to become life-threatening.
Common examples include:
- Dismissing persistent headaches that are later diagnosed as a brain tumor.
- Ignoring complaints of chest pain, which turns out to be a heart attack.
- Overlooking signs of a blood clot, leading to a pulmonary embolism.
- Brushing off abdominal pain that is a symptom of appendicitis or cancer.
In these situations, the failure to investigate clear warning signs can form the basis of a strong medical negligence claim.
Steps to Take If You Believe You Have a Case
If your doctor ignored your symptoms and you suffered harm as a result, it’s important to act methodically.
First, seek a second opinion from a different medical professional to get the correct diagnosis and treatment. Your health is the top priority. Next, gather all relevant medical records, including test results, visit summaries, and any correspondence with the doctor’s office. Document your symptoms, the dates you reported them, and the doctor’s response. Finally, consult with a lawyer who specializes in medical malpractice. They can evaluate your records and determine if you have a valid claim.