In the medical field, medical malpractice misdiagnosis claims are an integral aspect shaping the way healthcare professionals practice medicine today. However, even with sufficient liability risks at stake, diagnostic errors in the medical field are some of the most commonly cited malpractice claims made by patients each year. Patients, who have been the victim of diagnostic errors by medical professionals, have certain legal rights afforded to them, should the misdiagnosis constitute medical malpractice. Not all diagnostic errors, however, constitute medical malpractice. Inherent to the medical field is a reasonable level of uncertainty, under which not every ailment possess definitive symptoms pointing toward an easily obtainable diagnosis. Each patient claim regarding a potential instance of misdiagnosis, will contain certain elements, which ultimately, will determine whether or not a given instances of misdiagnoses does constitute medical malpractice.
Establishing Diagnostic Errors as Medical Malpractice
In order to establish a given diagnostic error as medical malpractice, patients are required to prove certain elements surrounding a given incident leading to a wrong diagnosis. These elements include:
- The doctor, who the patiently originally sought out for evaluation and medical treatment, must have established a doctor-patient relationship with the patient. Normally, any patient seeking medical treatment, outside of an informal emergency medical situation, enters into a doctor-patient relationship when taking treatment or advice from a medical professional in a professional setting, such as a doctor’s office, hospital, or clinic.
- Once a doctor-patient relationship is established, the medical professional is required to provide diagnostic and treatment services to a patient at a professional level, per their training and medical capacity currently. The professional standard, known as standard of care, that a patient is owed by their doctor is known as a duty of care. Any diagnosis must be offered within the realm of the standard duty of care by a medical professional. If a doctor does not do so, negligence is said to have occurred.
- The standard of care, though a thoroughly defined legal doctrine, is a relatively flexible standard. In certain cases, an instance of misdiagnosis may be well within the limits of standard duty of care owed to a patient, even in cases where a patient suffers damages. In essence, standard duty of care, and in turn, the ability to determine negligence, requires a patient to prove that in the instance of misdiagnosis, the medical professional performed at a level below the reasonable level of performance of another doctor, with the same training and work capacity, when faced with the exact same diagnostic situation.
- The phrase “when faced with the exact same diagnostic situation” is important in determining negligence and creates the very case-specific nature of every malpractice case. In misdiagnosis cases, patients must prove that another competently acting physician, when faced with the patient’s case, would have reached the correct diagnosis. Often, this will require using expert witness testimony regarding the practices used by medical professionals in establishing a diagnosis, while ruling out others.
- If negligence is determined to have occurred when making the incorrect diagnosis, it is only at this point that the physician and other parties potentially, can be held liable for damages. The liability for damages means a given doctor can be held responsible for any compensation or settlement amount reached by a patient and other parties.
Getting Legal Help with Medical Misdiagnosis Claims
The entire medical malpractice claims process is one that relies on complex laws and statutes, as well as very individual claims cases, which are often subject to varied state laws. Having an attorney review your claims case, as well as help build a potential malpractice suit for misdiagnosis, if applicable, is essential to obtaining any favorable claims settlement or award.
