When Is a Misdiagnosis Medical Malpractice?

Doctors and health care professionals make the correct diagnosis much more often than they make the wrong one. However, mistakes happen. One in 20 patients is misdiagnosed. A wrong diagnosis can have devastating consequences, negatively impacting your health and finances.

However, not all medical mistakes are acts of medical malpractice. Understanding the distinction between an honest error and a legal violation is essential. Talk to a medical malpractice lawyer for more information if you think you’ve been the victim of an incorrect diagnosis.

Understanding Misdiagnosis

An incorrect diagnosis is one of several errors classified as medical malpractice. Misdiagnosis happens when a health care provider incorrectly identifies your medical condition or fails to recognize an existing illness.

Misdiagnosis can result from various factors, including an inadequate examination, misinterpreting test results, failing to order necessary tests, or human error.

Not all bad medical outcomes are due to negligence. A misdiagnosis must come from a failure to meet the accepted standard of care to give you a chance of winning a medical malpractice lawsuit.

Common Misdiagnosis Scenarios

Diagnostic errors occur at higher rates in emergency rooms. Misdiagnoses are especially common with conditions that present symptoms similar to other illnesses. For example, some types of cancer may be mistaken for less severe conditions. Breast cancer and lung cancer may be mistaken for infections. Colorectal cancer may be mistaken for irritable bowel syndrome.

In other cases, heart attack symptoms may be attributed to less severe conditions such as anxiety or acid reflux. Serious infections, such as meningitis, may be misdiagnosed as the cold or flu. These mistakes can cause delays in proper treatment.

Health Impacts of Misdiagnosis

An incorrect diagnosis can affect your physical health, emotional well-being, and financial stability. You may also lose confidence in your medical professionals. This can make dealing with your doctor difficult.

A delay in receiving the correct treatment can worsen the condition. It may even become untreatable. Some conditions require immediate action. A missed diagnosis of a heart attack or stroke, for instance, can lead to permanent disability or death.

Misdiagnosis can also have financial consequences. You may face substantial expenses for more tests, treatments, or hospitalizations. You may also miss work and lose wages because of worsening health issues. If these consequences stem from negligence, pursuing a medical malpractice claim provides a path to compensation.

You avoid a misdiagnosis by doing the following:

• Seeking a second opinion
• Asking questions
• Making sure that your symptoms are investigated thoroughly

Taking these steps can reduce medical harm.

Legal Criteria for Proving Misdiagnosis

To prove your doctor was negligent, you need to show four elements:

• Duty: When there’s a doctor-patient relationship, your doctor has a duty to act as a reasonably competent doctor. This standard of care refers to the level of care that a reasonably skilled health care professional in the same field would provide under similar circumstances.
• Breach: A medical malpractice case is only valid if a provider fails to follow the generally accepted standard of care.
• Causation: It’s not enough to show that a health care provider made a mistake. You must prove that the misdiagnosis directly caused you harm.
• Damages: You have to show that the misdiagnosis caused measurable losses.

You must prove these elements by a “preponderance of the evidence.” It must be more likely than not that the misdiagnosis occurred due to negligence and caused you harm.

Filing a Medical Malpractice Claim for Misdiagnosis

Before filing a lawsuit, contact the care provider to understand what went wrong. Seek a second opinion as well. Corrected treatment could possibly remedy a misdiagnosis.

Contact the licensing board if your doctor won’t work with you to correct the situation. The licensing board disciplines health care providers, but they don’t provide compensation to victims. If you want monetary compensation, consider filing a medical malpractice lawsuit.

In some states, you must send a notice to the medical provider. For example, in California, you must provide at least 90 days’ written notice. In some states, you have to get a certificate of merit from a medical expert confirming that your claim is valid and has good reason to be in court.

Pay attention to the statute of limitations. The deadline for filing a lawsuit varies from state to state. You only have one year to file in some states, such as Kentucky and Louisiana.

Types of Evidence Needed

You need compelling evidence linking your injuries to a medical misdiagnosis to build a strong misdiagnosis medical malpractice case. Some evidence that could strengthen your misdiagnosis case includes the following:

• Medical records: These documents provide a detailed account of your medical history.
• Expert testimony: Medical expert testimonies are essential for establishing whether the health care provider met the standard of care.
• Financial records: You can offer receipts for medical procedures and medications along with records of lost wages or reduced earning capacity.
• Personal accounts: You and your family can provide personal accounts of how the misdiagnosis affected your life, including the impact on daily activities and relationships.

Potential Compensation

If you successfully prove medical negligence, you’ll receive damages that address the medical error’s financial, physical, and emotional toll. There are three types of damages:

• Economic damages, such as medical bills, medical expenses, and lost wages
• Non-economic damages, such as pain and suffering
• Punitive damages if the doctor’s breach was malicious or grossly negligent

Some states have caps on non-economic damages in medical malpractice cases. This limits your total compensation.

Find a Qualified Lawyer for Misdiagnosis Cases

Medical malpractice cases can be stressful and complex. It’s helpful to contact a medical malpractice lawyer, who can help you figure out if you have a valid misdiagnosis lawsuit. They can help you gather the evidence needed to strengthen your case. Your lawyer also understands the procedural requirements for medical malpractice lawsuits in your state.

Most medical malpractice attorneys offer a free case evaluation. Find a medical malpractice lawyer in your area today.