Discussion

Misdiagnosis or Failure to Diagnose: Do You Have a Case?

Medical science has evolved immensely in the last decades, but diagnostic errors in clinical settings are still a thorn in the industry. A study in 2014 estimated that up to 12 million people in the U.S. receive a wrong diagnosis each year.

However, failure to diagnose or misdiagnosis by itself may not constitute grounds for a medical malpractice lawsuit. You have to prove that it resulted in adverse harm or injuries to you or your loved ones.

Here is what you need to know if you are considering suing your doctor for a misdiagnosis.

Misdiagnosis or Failure to Treat
Doctors are required to list the causes of a patient’s symptoms from the most probable to the least likely cause to make a definitive diagnosis. A doctor might be liable for misdiagnosis if he or she provided a wrong diagnosis, did not give a diagnosis, delayed diagnosis, or did not notice changes that worsened a patient’s condition.

Erroneous treatment is the most direct result of a misdiagnosis. In some cases, it is possible for a doctor to provide an accurate diagnosis but use ineffective treatment methods or fail to treat the condition appropriately.

One of the most common indications of negligence is when a doctor dismisses a patient’s symptoms and therefore misses the opportunity to treat them accurately to alleviate further harm or injury.

If these actions directly result in injury or aggravate a patient’s condition and could have been prevented by timely or accurate diagnosis, there may be a strong case of medical malpractice.

Diagnostic Errors
Doctors are required to list the causes of a patient’s symptoms from the most probable to the least likely cause to make a definitive diagnosis. A doctor might be liable for misdiagnosis if he or she provided a wrong diagnosis, did not give a diagnosis, delayed diagnosis, or did not notice changes that worsened a patient’s condition.

Erroneous treatment is the most direct result of a misdiagnosis. In some cases, it is possible for a doctor to provide an accurate diagnosis but use ineffective treatment methods or fail to treat the condition appropriately.

One of the most common indications of negligence is when a doctor dismisses a patient’s symptoms and therefore misses the opportunity to treat them accurately to alleviate further harm or injury.

If these actions directly result in injury or aggravate a patient’s condition and could have been prevented by timely or accurate diagnosis, there may be a strong case of medical malpractice.

Diagnostic Errors
Misdiagnosis is not enough to initiate and win a medical malpractice case. If you believe a diagnostic error adversely affected you or your loved one, you must show that at the time of the alleged error, there was a doctor-patient relationship, the doctor acted negligently, and that this negligent behavior harmed or injured the patient.
Negligence
Doctors owe a duty of care to their patients. A doctor is legally obligated to practice reasonable care when performing any procedures on a patient. Proving that they did not do so is the first step to establishing doctor negligence.

To establish negligence, you must prove that your doctor did not give the quality of care a competent doctor would have offered in the same circumstances. Importantly, you must demonstrate what constitutes the quality of care you believe the practitioner denied you.

The law requires that you obtain an expert opinion from a qualified physician in the area you are suffering. The report must attest that the treating doctor ignored medical standards and that their actions or omissions have a direct correlation with the medical complication you or your loved one suffered.

These actions or omissions include failure to recognize a significant medical issue, delayed diagnosis, wrong tests or misinterpreted results, and wrongful treatment, among others.

Harm
You may have a case if you can show that the doctor’s negligence caused you harm. Harm may include medical costs, lost ability to earn an income, pain, and overall disruption to your life. Proving such cases can be challenging, but legal experts can help you gather information and paperwork to put a strong case together.

Medical negligence can be costly financially, physically, and emotionally. It can also be fatal. You, therefore, need to take immediate action if you suspect you or your loved one may be a victim. However, proving diagnostic errors in a court of law is a daunting task. You need a qualified and well-experienced lawyer for compiling your case, filing, and representation.

Contact The Law Office of Scott M. Sandler, P.A, for an initial consultation, expert advice, and professional representation in Coral Gables, Florida and its surroundings.