Is Wrong Diagnosis Negligent?

Despite the fact that medical professionals possess a deep level of knowledge and experience, they’re only human and wrong diagnoses are common. Unfortunately, in some cases, a seemingly small diagnostic error can result in a devastating outcome.

Yet, not every wrong diagnosis is negligent and not all diagnostic errors will carry enough weight for a medical malpractice claim.

So, is wrong diagnosis negligent, and if not, why?

We have the answers - but let’s get some basics out of the way first. 

Types of misdiagnosis

While the word misdiagnosis seems to be limited to one term, in reality, diagnostic errors come in many forms, including:

• Incorrect diagnosis - situations in which a physician offers a prognosis based on symptoms and tests, and they end up being incorrect
• Delayed diagnosis - as the name suggests, the physician ends up making a late diagnosis
• Failure to diagnose - situations in which symptoms are present but a physician fails to establish any diagnosis

When is wrong diagnosis negligent?

If you’re wondering is wrong diagnosis negligent, many factors determine that. It’s worth noting that patients typically have full confidence in their physician’s assessment of a medical issue so a misdiagnosis tends to be a traumatic event. 

If a doctor failed at their duty and you suffered any form of damage, you may have the right to make a medical malpractice claim. 

A similar thing applies to making no diagnosis or a delayed diagnosis, as in these cases, early treatment could be missed out on, thus causing potentially permanent damage or even death. 

If you can provide the following evidence, you have the elements of a successful malpractice case:

• Standard of care demonstrated by a physician fell below the standards of a competent physician with the same level of education and experience
• Negligence caused injury and financial damage 

Because of the doctor-patient relationship, it’s logical to assume the doctor had the duty of care. Whether they breached that duty will depend on if what they did falls beneath the standard of other competent professionals. 

Lastly, you have to also determine whether the misdiagnosis caused you physical, mental, or financial harm. 

Most common misdiagnosis claims

Due to the overlap of symptoms, some conditions are prone to misdiagnoses, such as:

1. Stroke

A stroke can have tragic consequences even if diagnosed immediately. In cases in which a doctor fails to properly interpret symptoms, the damage can be even fatal.

Doctors often misdiagnose a stroke as a migraine or a seizure.

2. Diabetes

As a chronic disease, the effects of diabetes are life-changing on their own. If wrongly diagnosed, the results can be catastrophic and misdiagnosis victims could suffer blindness, kidney failure, or amputation of a limb.

In many cases, diabetes is misdiagnosed as flu or chronic fatigue.

3. Ectopic pregnancies

Ectopic pregnancies are often misdiagnosed as miscarriages, fibroid cysts, or uterine lining ailments. This type of pregnancy involves a fertilized egg implanted outside the uterus, which causes severe abdominal pain or vaginal bleeding. 

If misdiagnosed, an ectopic pregnancy could lead to unnecessary surgeries and bursts of the fallopian tube. 

4. Cancers

As a newer disease, irritable bowel syndrome (IBS) is still very misunderstood. The problem is that many of its symptoms overlap with those of bowel cancers - which can be life-threatening. 

Since bowel cancers have a positive survival rate, a misdiagnosis can delay treatment and reduce the chances of recovery, or in the worst cases, lead to death. 

Similar issues also apply to other forms of cancer where successful treatment is possible with a timely diagnosis. As such, if your condition worsened due to an incorrect diagnosis, you have solid grounds for a malpractice claim. 

Other commonly misdiagnosed cancers include:

• Lung cancer - often mistaken for asthma or COPD
• Skin cancer - misdiagnosed as eczema
• Lymphoma - mistaken for an infection
• Breast cancer - misdiagnosed as mastitis (common with new mothers)
• Pancreatic cancer - often wrongly diagnosed as different forms of gallbladder diseases

What damages can you recover in a misdiagnosis suit?

Before we proceed, quick disclaimer - each case is different due to its unique circumstances. Hence, the damages you can recover ultimately depend on many factors such as the impact of the injury, occupation, and age. Generally speaking, you can recover the following damages in a misdiagnosis suit:

Special damages

These represent financial compensation for your monetary losses and out-of-pocket expenses incurred by the injury. To get a better idea of the amount you can recover, you should consult an attorney. A legal professional will add together all the losses and expenses and back them up with documentation. 

Special damages may include:

• Medical costs - surgery, examinations, testing, etc.
• Care and assistance - in severe cases, negligence can cause life-changing injuries, which means it’s necessary to help the person adapt to these circumstances. Care and assistance costs could include paying for therapists, specialist care, and private nurses, as well as reconfiguration of homes and vehicles.
• Lost earnings - if your working situation has been affected as a result of the injury, you can recover lost wages, along with compensation for loss of earning capacity. 
• Travel expenses - costs of traveling to your physicians or rehabilitation experts.

General damages

The impact of a misdiagnosis can extend past the black-and-white expenses and may affect your life and emotional state for the worse. As such, you can also recover compensation for pain and suffering, loss of consortium, and scarring and disfigurement. 

Since these losses are not quantifiable, your attorney will use medical evidence and oral testimony of experts to put a specific value to general damages. 

You deserve justice

If you or a loved one was a victim of a negligent medical professional, you have the right to pursue legal action. While recovering compensation is certainly important, holding someone accountable for their actions can eventually help you receive some well-deserved closure. 

Don’t know where to start?

Try Sowell Chakour - a law firm specializing strictly in malpractice cases. Because our roster includes both world-class attorneys and medical practitioners, we have all the expertise and resources required to investigate your case, compile the necessary evidence, and fight for your rights in court.

If you’re not sure whether your case has the element of malpractice, we offer a free case evaluation. You can schedule one through our contact form and we’ll get back to you shortly.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.