Misdiagnosis is medical malpractice when an incorrect, delayed, or missed diagnosis causes patient injury. Mistakes don’t always mean malpractice, and the patient bears the burden of proof.
Learn about the different types and legal implications of medical misdiagnosis.
What is Medical Misdiagnosis?
A misdiagnosis is a wrong or mistaken diagnosis with effects ranging from minimal to severe. While medical professionals strive to provide accurate diagnoses, errors lead to devastating consequences for unsuspecting individuals.
Misdiagnosis occurs when doctors misdiagnose or inaccurately identify a patient’s medical condition or fail to recognize it entirely. The doctor must listen to the patient’s symptoms and evaluate all the possibilities that could cause those symptoms. Then, the doctor orders tests and rules out diagnoses until only one remains.
During this elimination process, patients may receive incorrect treatments, unnecessary procedures, or experience delays in receiving appropriate care, which could lead to worsened medical conditions. Sometimes, the patient accidentally contributes to misdiagnosis by forgetting to list symptoms. To claim malpractice, the patient must prove that the doctor’s incompetence caused the misdiagnosis and harmed them.
Differences Between Wrong, Missed, And Delayed Diagnosis
Wrong Diagnosis: The patient is diagnosed with a condition they don’t have. Wrong diagnosis typically occurs when the patient isn’t forthcoming with all their symptoms, as many diseases can present similarly.
Missed Diagnosis: The patient is told they are in good health when in fact, there is something wrong with their health. A missed diagnosis occurs more often when the patient has a rare or mild disease.
Delayed Diagnosis: The patient is correctly diagnosed, but the diagnosis didn’t occur in an appropriate amount of time which complicates the disease. Time is of the essence in many medical conditions, and delayed diagnosis can significantly impact a patient’s prognosis. In such cases, valuable early intervention, treatment, or management opportunities may be lost, often causing irreparable harm.
Legal Implications Of Medical Malpractice Claims
In cases of misdiagnosis or delayed diagnosis, patients may have a basis for medical malpractice claims, but the patient bears the burden of proof. The patient pursuing a failure to diagnose case must prove:
- The existence of a doctor-patient relationship,
- A failure in the standard of care, and
- The physician’s failure to diagnose or misdiagnosis actually and proximately caused harm.
Mistakes don’t always mean malpractice. Most misdiagnosis claims depend on proving that the doctor was negligent and that the medical negligence caused harm. If the doctor can prove they acted competently, then there is no case.
If you believe a medical error has been made, time is critical. Each state puts a time limit – the Statute of Limitations – on when a complaint can be filed with the court. Indiana’s statute of limitations for medical negligence cases is two years. Under limited circumstances, the statute may be extended. Failure to submit within the timeframe may prevent the lawsuit from moving forward.
How Our Medical Malpractice Lawyers Can Help
Healthcare providers are subject to human error just like the rest of us, but that doesn’t absolve them of any responsibility. A misdiagnosis or delayed diagnosis can cause significant financial and emotional burdens to you and your family.
It’s important to seek legal representation from a medical malpractice firm if you believe you are a victim of malpractice. An experienced attorney can help you understand your legal options and hold the responsible parties accountable for their actions. In addition to seeking legal recourse, working with healthcare providers to ensure that you receive the appropriate medical care and support is essential.
To schedule a free consultation, call us at 317-566-9600 (Indianapolis), 765-865-9300 (Kokomo), or 812-566-2600 (Bloomington), or complete our online inquiry form to schedule an appointment* with one of our health professional attorneys to review your case. We have offices in Indianapolis, Kokomo, and Bloomington to serve you.
*Free consultation; no retainer fee. You don’t pay a fee until we obtain a settlement for you. All attorney fees are based on the amount of your recovery.