On Aug. 24, 2022, a jury awarded Jean Magloire and his wife $15.5 million after neurosurgeon Mark Fulton, MD failed to diagnose and treat a spinal injury that resulted in paralysis.
Magloire was struck by a truck in December 2012, which resulted in his right leg getting amputated. Just a couple of days after the surgery, radiologist Jared Thomas, MD performed a CT scan and missed signs of a spinal fracture. Dr. Fulton also looked through the CT scan and didn’t notice any issues with Magloire’s spine. Just a few weeks later, another doctor performed an MRI on Magloire and discovered that he had a herniated disc penetrating his spinal cord.
Magloire’s lawyers said that if Dr. Fulton and Dr. Thomas read the CT scan correctly, Magloire could have undergone surgery to avoid paralysis. The jury found Dr. Thomas partially responsible for failing to see the spinal fracture.
Failure to Diagnose Can Have Serious Consequences
Failure to diagnose is one of the most common causes of medical malpractice lawsuits in the U.S. If a doctor fails to diagnose your health condition promptly, the condition will go untreated for a longer period of time and may progress. For example, if a doctor fails to diagnose breast cancer, it can progress into a higher stage and become more difficult to treat.
If your doctor failed to diagnose your condition, you have every right to feel angry and upset. You put your trust in this healthcare professional and he or she let you down. If it’s established that your doctor was negligent, you may be entitled to compensation for your medical bills, lost wages, pain and suffering and other damages.
How to Prove Failure to Diagnose
If you want to sue your doctor for failure to diagnose, you have to prove three things:
- A doctor-patient relationship existed
- The doctor acted in a way that deviated from the appropriate medical standard
- The doctor’s negligence caused your injury
Medical malpractices are quite complex and not easy to prove. That is why it is important to have a personal injury lawyer Melbourne, FL residents trust on your side. At the Law Offices of Arcadier, Bigger & Wood, we understand just how devastating it is to be the victim of medical malpractice and want to help you get the justice you deserve.
In order to have a successful medical malpractice case, you will need to provide sufficient evidence, including your medical records, photos of visible injuries, video footage, witness statements and expert testimony. Your lawyer can help you obtain this evidence.
