We go to the doctor to find answers. We describe our pain, submit to tests, and trust that the diagnosis we receive is accurate. But what happens when the doctor gets it wrong?
Misdiagnosis or delayed diagnosis is one of the most common forms of medical malpractice. It can lead to unnecessary suffering, invasive treatments for conditions you don’t have, or—worst of all—the loss of a critical window of time to treat a life-threatening illness.
Here is what patients need to know about the legal side of diagnostic errors.
1. It’s More Than Just an Honest Mistake
Medicine is not an exact science, and some conditions are genuinely difficult to identify. However, a legal claim for misdiagnosis arises when a doctor fails to act competently. This usually involves showing that a similarly skilled doctor would have:
- Ordered a specific test that was skipped.
- Recognized symptoms that were ignored.
- Referred the patient to a specialist sooner.
2. The Danger of the “Differential Diagnosis”
Doctors use a method called “differential diagnosis” to rule out possibilities. They list the most likely causes of your symptoms and test them one by one. Negligence often occurs when a doctor skips this process or relies on a “hunch” rather than data.
- Example: A patient complains of chest pain. The doctor assumes it is indigestion without ordering an EKG to rule out a heart attack. If the patient suffers cardiac arrest later that day, the doctor may be liable for failing to rule out the most dangerous possibility first.
3. Proving Harm
To win a misdiagnosis case, we must prove that the delay actually hurt you.
- Scenario A: A doctor misses a cancer diagnosis. Three weeks later, another doctor catches it. The treatment plan is the same, and the prognosis hasn’t changed. This is likely not a strong case because the delay didn’t cause significant additional harm.
- Scenario B: A doctor misses a cancer diagnosis. One year later, it is caught, but the cancer has spread from Stage 1 to Stage 4. The delay drastically reduced the patient’s chance of survival. This is a strong case for negligence.
4. Advocate for Yourself
If you feel your symptoms are being dismissed, or if a treatment isn’t working, always seek a second opinion. You have the right to ask, “What else could this be?”
Did a missed diagnosis cost you precious time? If you suspect that a doctor’s failure to identify your condition led to a worsening of your health, contact us. We can help investigate the timeline of your care.
