• Posted 9 months ago
• in Blog

If you’ve been misdiagnosed by a doctor you trusted, you’re not alone. Thousands of people are inaccurately diagnosed every year, and the consequences can be devastating. While not every mistake rises to the level of malpractice, some absolutely do. 

If you’re thinking about pursuing a medical malpractice claim with WiltInjuryLaw, understanding the difference is crucial.

What counts as a misdiagnosis?

A misdiagnosis is when a healthcare professional incorrectly diagnoses a patient with a specific condition or disease. There are three situations that count as a misdiagnosis:

•     Missed diagnosis. This happens when a doctor fails to make a diagnosis. For example, test results show clear signs of a serious condition, but the doctor either doesn’t tell you or says whatever showed up on the test is nothing. 
•     Delayed diagnosis. A delayed diagnosis is when a doctor eventually gets it right, but it took a while. For instance, a doctor might not recognize signs of infection until the patient returns weeks or months later in more serious condition.  
•     Wrong diagnosis. A classic case of a wrong diagnosis is when a viral infection is diagnosed as bacterial and the wrong medication is prescribed. This can make things worse.

According to a John Hopkins study, around 12 million Americans are affected by a misdiagnosis every year, with about one-third being harmed. It’s estimated that medical misdiagnosis accounts for between 40,000 and 80,000 preventable deaths each year.

To err is human, but medical mistakes have consequences

With more than 10,000 diseases that manifest a variety of symptoms, it’s not always easy for doctors to pinpoint a patient’s condition. But mistakes can have dire consequences. For example, based on medical malpractice insurance claim data, the three most likely conditions to be misdiagnosed are cancer (37.8%), vascular events (22.8%), and infections (13.5%). These three categories of conditions account for almost half of all serious harm caused by misdiagnosis.

Human error is unavoidable in any profession. However, when you’re dealing with a medical condition, doctors are held to higher standards. Still, they don’t get it right every time. And while some misdiagnoses can be harmless, others are a ticking time bomb. 

When does a misdiagnosis become malpractice?

A mistake isn’t necessarily malpractice every time. To qualify as medical malpractice, the misdiagnosis must be the result of negligence that causes harm. If you’re pursuing a claim, you’ll be required to prove the following elements:

•     They owed you a duty. You need to prove you had a doctor-patient relationship with the provider you’re filing the claim against.

•     They deviated from the standard of care. You need to prove your doctor deviated from the standard of care required by their profession. For example, if most reasonable doctors would have ordered more tests or consulted a specialist, and yours didn’t, that might be malpractice.

•     You were harmed. You must be able to show measurable harm caused by the misdiagnosis. For example, if your condition got worse or you missed the chance to pursue life-saving care, that counts.

If you’re filing a medical malpractice lawsuit, the court will look at what another, similar competent doctor would have done in the same situation. If another doctor wouldn’t have made the same mistake, and you suffered harm, it might be considered malpractice.

How to pursue a medical malpractice claim for misdiagnosis

If you’re considering taking legal action against a healthcare professional, you’ll be facing an intense and complex legal situation. It’s not impossible to win, but you’ll need a malpractice lawyer to build a strong case. For example, in most medical malpractice cases, expert witness testimony is needed to prove a healthcare professional deviated from the standard of care. When you hire a lawyer, they’ll know exactly who to call to testify on your behalf. 

If you suspect your misdiagnosis crosses the line into malpractice, contact an attorney as soon as possible. Every state has a different statute of limitations for filing a claim, and if you miss this window, you’ll lose your chance to pursue your claim. For example, Kentucky has a five-year statute of limitations, but some states cut their time limit down to 1-3 years. Act fast so you don’t miss out.

Don’t let a misdiagnosis go unchallenged

A misdiagnosis can do more than just physical harm. It can derail your finances and disrupt your peace of mind. If your doctor was negligent, you deserve justice. If something feels off about your diagnosis or how your concerns were handled, get in touch with a malpractice attorney right away and have them look at your case. Getting a professional opinion can help you get the compensation you deserve.