When Can a Misdiagnosis Lead to a Medical Malpractice Case?

Doctors have a responsibility to correctly diagnose their patients’ medical conditions. When a doctor makes an incorrect diagnosis and the patient suffers, it may result in grounds for a medical malpractice claim based on a misdiagnosis.

It’s important to understand misdiagnosis and how a medical malpractice lawyer can help guide you through your case. In this blog, learn more about medical misdiagnosis and when it’s time to call a lawyer.

What Is Medical Misdiagnosis?

The process of making a medical diagnosis isn’t always easy. However, doctors have a professional responsibility to take a patient’s physical health complaints seriously. When something seems wrong, a doctor must recommend the appropriate diagnostic tests, correctly interpret the results, and provide the patient with an accurate, timely diagnosis.

In some cases, medical misdiagnosis doesn’t harm the patient at all. In others, it can be fatal. When a misdiagnosed patient fails to receive treatment for the condition they actually have, there’s a high risk of the condition worsening. A patient may also end up spending excessive amounts of money on a treatment they don’t really need.

Common Types of Misdiagnosis

Misdiagnosis occurs when a doctor makes an incorrect diagnosis. Some of the most common examples of how misdiagnosis occurs include:

• Misinterpreting test results

• Not ordering appropriate testing

• Making assumptions about a patient’s condition

• Failing to ask necessary questions about symptoms

• Mistaking one condition for another with similar symptoms

• Failing to refer a patient to a specialist

• Not considering a patient’s medical history or medication use

Misdiagnosis could take the form of dismissing a serious condition, like assuming repeated headaches are due to migraines and failing to diagnose a brain tumor. Alternatively, it could involve telling a patient they have a serious condition, like misdiagnosing cancer, when that’s not actually what’s wrong.

Elements of a Medical Malpractice Case

The elements of a medical malpractice case are similar to those of any other personal injury case. You must show the following four main points to have a valid claim:

• The doctor had a duty of care

• They failed to perform this duty

• The patient was harmed as a result

• The patient can provide proof of harm

Medical malpractice cases are more challenging because you must be able to show that the doctor is guilty of professional negligence. This is more difficult to prove than general negligence.

Proving Negligence in a Misdiagnosis Case

Proving negligence in a misdiagnosis case involves collecting evidence. You must show proof that the doctor failed to meet the professional standard of care you were owed as a patient.

Medical malpractice cases require obtaining the testimony of an expert witness. This is a medical professional who reviews your medical records and testifies that the doctor’s actions were negligent.

A successful medical malpractice claim must also include proving that you suffered harm. You can do this by showing that your medical condition worsened due to inappropriate treatment or by presenting medical bills related to treatment you didn’t need.

How a Medical Malpractice Law Firm Can Help

Medical malpractice is a complicated area of personal injury law. You need a skilled attorney who can demonstrate a track record of success in similar cases. A lawyer will review your case and identify whether you have grounds for a claim based on misdiagnosis.

If you do have a case, your lawyer will begin the lengthy process of collecting evidence of medical negligence and identifying your case value. Once the preparatory work is complete, your lawyer will submit your claim and work to negotiate your settlement. If negotiation is unsuccessful, your lawyer can file a lawsuit and take your case to court.

FAQ

Can You Sue a Doctor for Misdiagnosis?

You can sue a doctor for misdiagnosis, but you need to be able to prove the doctor was negligent and demonstrate how you suffered harm as a result of the misdiagnosis.

How Long Do You Have to Sue for Misdiagnosis?

In South Carolina, you generally have three years to file a misdiagnosis lawsuit. However, the time limit drops to two years if the medical institution is funded by the state.

Is a Misdiagnosis Lawsuit the Only Way to Recover Medical Malpractice Compensation?

Your lawyer will first try to negotiate with the healthcare provider’s malpractice insurer. Cases are often successfully resolved during negotiations and don’t require a lawsuit.