Misdiagnosis on its own doesn’t necessarily rise to the level of medical malpractice or successful lawsuits, as even the most experienced physicians can make a diagnostic mistake. In this case, a medical malpractice misdiagnosis involves an incorrect diagnosis, delayed diagnosis, or a failure to diagnose that results in patient injury.
What is Misdiagnosis?
A misdiagnosis is a wrong or mistaken diagnosis with effects ranging from minimal to severe. While doctors and medical professionals strive to provide accurate diagnoses, errors can and do occur, leading 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. A series of tests are then ordered, and as results come back, multiple diagnoses are ruled out 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. It is also vital to recognize underlying issues that could lead to a misdiagnosis, such as the patient falling short with their list of symptoms or perhaps problems with machines processing the lab samples. In that situation, the patient must prove that the misdiagnosis resulted from the doctor’s incompetence, failing to consider all possible diagnoses and missing the one that caused the patient harm.
Differences Between Wrong, Missed, And Delayed Diagnosis
Wrong Diagnosis: The patient is diagnosed with a condition they don’t have. 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 can complicate 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 resulting in 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 burden of proof falls on the patient. The patient pursuing a failure to diagnose case must prove that there was a doctor-patient relationship, a failure in the standard of care, and the physician’s failure to diagnose or misdiagnosis actually and proximately caused an actual injury.
Simply because a mistake is made does not mean a medical malpractice suit is imminent. Most misdiagnosis claims depend on proving that the doctor was negligent and that the medical negligence caused harm. If the doctor can prove that they acted competently, then there is no case.
If you believe a medical error has been made, time is of the essence. 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.
Summary
Healthcare providers are subject to human error just like the rest of us, but that doesn’t absolve them of any responsibility or malpractice. 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 hope to hear from you if you were harmed through medical treatments or neglect. We have offices in Indianapolis, Kokomo, and Bloomington to serve you.
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