Is the doctor responsible for making a wrong medical diagnosis?

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Question:

After several episodes of rectal bleeding, I visited my primary care physician who diagnosed me with hemorrhoids.  He did not perform a digital rectal exam or a visual inspection of the anus.  Three years later, I was diagnosed with advanced colon cancer.  Can I hold my doctor liable for making a wrong medical diagnosis?

Answer:

In the majority of misdiagnosis cases, the injury accrues immediately upon the wrong diagnosis due to the economic loss, suffering, or pain experienced by the patient from the time of the misdiagnosis until the health issue is properly diagnosed and treated. The wrong diagnosis coincides with the injury.

When a wrong medical diagnosis results in a subsequent injury that is impossible or hard to date with precision, the date within which one can file a lawsuit begins to run from the date the patient experiences the symptoms attributable to the new injury.

As a general rule, there can be no direct cause where an independent act of someone other than the physician-defendant has intervened between the latter's act and the injury to the plaintiff, and where that act wasn't brought about by the physician's acts, was not foreseeable by the physician, and was not sufficient to trigger the injury.

Talk to a Medical Malpractice Lawyer about your case to determine what options you have to seek compensation and hold the doctor liable.

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