Things You Need To Know About Wrongful Diagnosis And Negligent Diagnosis

Physicians and other medical professionals need to uphold high standards of care. This isn’t always the case as even the best surgeon in the world makes a mistake sometimes. However, some medical errors may not seem as serious, but their repercussions can be devastating - which is the case with wrongful diagnosis and negligent diagnosis. 

If you suffered due to this type of medical error, you may have the right to file a malpractice suit. 

In today’s post, we’ll clarify the distinction between wrong diagnosis and negligent diagnosis, and more importantly, explain how to prove that misdiagnosis occurred in the first place.

What’s the difference between wrongful diagnosis and negligent diagnosis?

Generally speaking, both terms are often used interchangeably within the umbrella term of misdiagnosis. Yet, there are key differences between wrongful diagnosis and negligent diagnosis you need to be aware of:

• Wrongful diagnosis - is a case in which a physician makes an incorrect diagnosis.
• Negligent misdiagnosis - a wider term that includes cases such as a delayed diagnosis or failure to diagnose that happens when a doctor makes no diagnosis at all. 

Note: For the sake of simplicity, we’ll refer to both terms as a misdiagnosis further on in the article.

What conditions are misdiagnosed most often?

To gain a better understanding of misdiagnosis, it’s useful to go through a few examples. Here are some conditions that are often misdiagnosed:

• Lupus

This autoimmune disease is characterized by the immune system attacking healthy tissue. Because of the symptoms of this condition, many doctors misdiagnose it as rheumatoid arthritis.

• Celiac disease

Another autoimmune condition, Celiac disease affects the intestines and makes the patient intolerant to gluten. It’s often misdiagnosed as IBS, Crohn’s disease, or cystic fibrosis. 

• Cancer

Certain forms of cancer, such as breast, cervical, prostate, and colon cancer, are often misdiagnosed due to shared symptoms with other conditions. Sadly, making an improper diagnosis can turn out to be fatal as successful treatment depends on catching the disease early. 

• Pulmonary embolism

This condition involves blockages in the arteries that course through the lungs, which causes symptoms a lot similar to conditions like indigestion or heart attacks.

Do you have a misdiagnosis claim?

Many victims of misdiagnosis wonder if they can file a claim. This is a valid concern as medical malpractice cases based on diagnosis have to meet strict criteria. 

Before we go over them, keep in mind that even if you were legitimately harmed by a medical professional, the burden of proof is on you. You have to prove that a medical professional failed to meet standards of care - i.e. they didn’t act the way a trained specialist with the same qualifications would have. 

For misdiagnosis to be considered malpractice, the following criteria must be met:

• There must have been a doctor-patient relationship between you and the physician
• Medical professional acted negligently or in other words, failed to meet standards of care
• Misdiagnosis led to significant harm 

In addition to these three basic factors, you also need to demonstrate that the doctor failed to accurately add the disease to the differential diagnosis list - something that a competent and reasonable medical professional would have done.

Alternatively, you may also have to show (depending on your unique circumstance) that the physician may have added the correct diagnosis to the list of differential diagnoses, but failed to take the necessary steps to prove the condition. Put differently, they failed to order appropriate tests to prove a diagnosis or failed to seek out advice from relevant experts on the diagnosis. 

As you can see from the information provided above, not every misdiagnosis meets the standards necessary for a malpractice suit. The case will hinge on proving negligence and that the misdiagnosis resulted in harm. Furthermore, if the defendant proves that they acted competently, you’ll, unfortunately, lose the case.

What to do if you believe you were misdiagnosed

Although you may be concerned with your legal case, you should also take time to protect your health. Here’s what you should do if you believe you were misdiagnosed:

• Ask for a re-evaluation

In case a treatment plan has led to the worsening of your symptoms, you shouldn’t lose any time. Go to the doctor that provided you with the original diagnosis and ask them for a re-evaluation. If they decline your request, seek a second opinion from another doctor.

Establishing the right diagnosis is crucial for your recovery, but it will also help you in your malpractice case as you will successfully prove you went out of your way to minimize the damage from the misdiagnosis.

If the physician you asked for a second opinion believes the original diagnosis was wrong, they should enter this information into your medical chart. They will also outline all the consequences of the misdiagnosis, including financial damages, which is important evidence for a malpractice claim.

• Follow the doctor’s orders

You must follow the doctor’s orders. This will not only help your recovery but will also strengthen your claim as it can be used to demonstrate you took all the right steps to ensure you recover. 

• Find an attorney

The moment you feel better, it’s time to take legal action by reaching out to an attorney specializing in medical malpractice cases. They can help you ascertain whether you have a valid claim.

If they determine that a lawsuit is worth pursuing, they’ll compile evidence on your behalf and start working to recover fair compensation for the events you endured.

Start pursuing a wrongful diagnosis and negligent diagnosis claim now!

A misdiagnosis can ruin your life, leading to years of recovery and an excessive amount of medical costs. This is why you absolutely must take legal action. 

While you may never be able to completely erase the memory of this harrowing ordeal, you can receive compensation that will make you whole again and get well-needed closure along the way.

How your case pans out is also dependent on the skills of your attorney, which is why you need to see to it that you only give your case to a law firm that knows the ins and outs of medical malpractice suits. The best choice in this regard is Sowell Chakour, a malpractice law firm that has an attorney on staff who spent a considerable amount of time as a practicing physician. 

We can see both sides of the argument (legal and medical), assist you in covering all bases, and substantiate your claim with the evidence available. 

Call (833) 633-6257 or fill out our contact form to schedule your free consultation and start pursuing justice. 

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.