As a downfall of modern medicine and science, accurately determining a correct diagnosis of a given patient’s condition can prove problematic, and in certain instances, virtually impossible without further symptoms or information becoming available. From a legal perspective, malpractice laws attempt to acknowledge to uncertainty of medical illnesses and injury, while at the same time, preserve the patient’s right to competent medical care, including appropriate diagnosis. If a patient is harmed or experiences any form of damages as the result of a misdiagnosis (including delayed diagnosis or failure to diagnose), he or she should consult with a medical malpractice lawyer about his or her legal options. It is important to make the distinction that not all misdiagnosis cases constitute viable malpractice cases, however, this determination is only made on a case-by-case basis, which will require the insight of a medical malpractice lawyer, and often, the testimony of a medical expert witness.
Malpractice and Misdiagnosis Claims
In short, the only difference between a general medical misdiagnosis and a misdiagnosis that constitutes medical malpractice is the existence of negligence. In order to file a viable medical malpractice claim for a misdiagnosis, a patient must prove that their physician or other medical professional was negligent in determining (or failing to determine) a given diagnosis.
From a legal perspective, proving negligence is not necessarily clearly defined and relies on case-specific information and an insight into medical malpractice tort laws applicable to a given state. In most diagnostic situations, a medical professional will rely on what is known as the differential diagnosis method to determine a patient’s condition or ailment. This process relies on a medical professional confirming or ruling out a list of probable to potential conditions based on the information and symptoms presented by a patient. Through an initial examination and taking the necessary steps to rule out or confirm a given condition, a doctor or other medical professional will eventually reach a definitive diagnosis.
However, in misdiagnosis cases, a patient must not only exhibit that the doctor’s diagnosis was incorrect, but also, prove that the doctor performed negligently (below the applicable standard of care) when making a given diagnosis. This will often require expert medical witness testimony and a comprehensive review of the differential diagnosis process used by a medical professional in question. Should a patient and their legal counsel be able to prove negligence occurred during a given misdiagnosis, the patient must still prove and document viable damage claims in order to pursue a medical malpractice lawsuit.
Getting Legal Help with Medical Misdiagnosis Malpractice
As a patient suffering as the result of a misdiagnosis, you have the legal right to recover damages, if the misdiagnosis is the result of malpractice. Consult with a lawyer to gain insight into whether your case involves medical negligence and what the appropriate legal remedies in your case may be.
