What is medical misdiagnosis?

Medical misdiagnosis happens when a medical provider or physician incorrect diagnosis of a patient’s condition leads to the wrong treatment, a delayed treatment or no treatment, causing the patient’s condition to be made worse.

When is medical misdiagnosis considered malpractice?

Medical misdiagnosis is not always considered medical malpractice. If a doctor did their due diligence and still misdiagnosed their patient’s condition, then they are not necessarily liable. However, if a doctor acted negligently and that action caused their patient injury or even death, then they may be liable in a court of law.

What does it mean to act negligently?

A doctor may have acted negligently if they did not exercise prudent or reasonable care.

Examples:

They did not order appropriate tests;

They did not take a full medical history;

They failed to recognize symptoms;

or, They did not consult specialists for opinions.

How can a patient prove a medical malpractice case based on misdiagnosis?

In order to have a case, a patient must prove:

1. That their doctor’s misdiagnosis was negligent and or delayed, and
2. That it caused their injuries or it caused the progression of their illness, and
3. The wrong treatment, delayed treatment, or no treatment, further impacted the injuries or illness negatively.

A patient must prove that their doctor did not act competently. They need to provide evidence that shows that other doctors in a similar specialty, and under similar circumstances, would not have misdiagnosed the patient’s condition. This would show that their doctor did not exercise reasonable care and should be held liable for the patient’s injuries.

A patient may have a case of medical malpractice based if they can show that even though the doctor considered the correct diagnosis on their differential diagnosis chart, they did not carry out the next steps that would led them to confirming that that was in fact the correct diagnosis. Maybe they did not follow up with ordering the tests or they did not consult specialists. Or they waited too long to diagnose the condition. 

A patient could also have a case if they can prove that the misdiagnosis was made due to faulty test results or human error. An example of a human error would be a technician misreading a CT scan. In these situations, the patient may not be able to hold their doctor’s liable, but they may be able to sue the technician or specialist responsible for the error.

 If you’ve suffered from medical misdiagnosis, consult with an attorney today.