Medical Malpractice: Misdiagnosis FAQ's

Medical malpractice that occurs from a misdiagnosis can be the basis for suing for compensation. A misdiagnosis case, though, is different than a malpractice case based on negligence. Below are the facts of a medical malpractice suit or claim based on misdiagnosis.

Fact: The Misdiagnosis Cannot Be Reasonable

Doctors are not psychics and do not know everything. To have a viable misdiagnosis case, the misdiagnosis must not have been reasonable given the patient’s symptoms. A doctor prescribing antacids for a patient complaining of acid reflux but who really has a torn trachea would not have committed malpractice. Misdiagnosis malpractice only occurs when the misdiagnosis was unreasonable, negligent and caused the patient harm.

Fact: Injury Must Occur

It is not enough for the doctor to misdiagnose a patient; the patient must also have suffered some damages from the mistake. These damages can take the form of the patient feeling prolonged and unnecessary pain or being permanently damaged from the misdiagnosis. Without damages, there is nothing a court or insurance company can do to compensate the individual.

However, injury can be purely mental. A physician that tells a patient that he has incurable cancer but who is later told that he only has a cyst that will burst safely on its own can sue the original doctor for the mental distress of the first diagnosis. These damages, though, might be smaller than if there was physical injury.

Fact: Misdiagnosis Can Occur In Two Ways

A physician can misdiagnose an individual either by failing to diagnose a condition altogether or by identifying the condition or injury as something other than what it is. In both of these situations a patient can be subjected to further injury or unnecessary treatment that would not have been used had the diagnosis been properly identified.

Fact: Nurses Can Misdiagnose

Many doctors rely on nurses and hospital or office staff to assist him in his treatment of a patient. Sometimes, this reliance takes the form of permitting other staff to research illnesses and to present their findings to him. This often happens in teaching hospitals. In these situations, a physician should always double check the potential diagnosis before agreeing to the finding. Agreeing to a recommendation that is wrong could be malpractice.

Fact: Misdiagnosis Can Occur In the Treatment Phase

Misdiagnosis is not limited to identifying an illness or injury. Misdiagnosis can also occur when a physician underestimates the severity or stage of the illness and does not treat it properly. In this situation, the patient’s misdiagnosis can lead to treatment failure, which is a recoverable damage.

Fact: Misdiagnosis Does Not Require Negligence

Despite needing to be reasonable, a misdiagnosis does not need to be based on negligence or recklessness. A misdiagnosis can be based on an unreasonable belief. Recklessness or negligence is helpful to a suit, but not imperative to prove malpractice.

Fact: Misdiagnosis Cases are Handled Like Every Other Malpractice Lawsuit

Courts do not care about the reasoning behind a malpractice lawsuit, and therefore treat all suits alleging malpractice in the same way. This does not mean that the burden of proof is not different depending on the allegations in the suit, but rather that the procedural rules are the same for a misdiagnosis lawsuit. Therefore, a state that requires the parties to submit a malpractice dispute to arbitration or mediation is the same for misdiagnosis claims.

Fact: Experts May Not Be Helpful

Unlike other malpractice cases, experts can often do very little for a misdiagnosis claim. Experts are often used in malpractice lawsuits to provide opinions about the accused physician’s actions and their reasonableness. In a misdiagnosis lawsuit, an expert can testify to very little else other than whether the bad diagnosis was reasonable.

Getting Legal Help

If you have been misdiagnosed and suffered damages, seek legal advice. A lawyer will review the facts of your diagnosis and your claimed damages and discuss with you the chances for your success in court.