Introduction
• A patient can find themselves in a very uncomfortable position when they undergo medical misdiagnosis as further treatment is administered to the patient based on the erroneous diagnosis.
• Patients and their attorneys need to familiarize themselves with the legal implications of misdiagnosis.
• In this article, we highlight issues surrounding doctors’ liability arising from misdiagnosis and the significance of the review of medical documents and records for specialists in other branches of law.
What constitutes Medical Misdiagnosis?
Definition of Misdiagnosis
- A healthcare provider fails to identify a patient’s condition accurately.
- This can involve:
- Inaccurate diagnosis
- Diagnosis is excessively postponed
- Non-diagnosis
Common Examples of Misdiagnosis:
- Cancer: A patient is diagnosed with an ailment that is not cancer, which is an actual ailment that requires treatment so that the patient can be cured of the disease.
- Infections: Failure to properly diagnose an infection can lead to its unregulated spread which could take the patient’s life.
- Chronic Conditions: Diseases such as diabetes and heart disease are very serious; therefore, their non-diagnosis could endanger someone’s life indefinitely.
Legal Grounds for Suing a Doctor for Misdiagnosis under Medical Malpractice Law
Elements of a Medical Malpractice Claim
- There is a specific standard of care which the physician owed to the patient which he or she doctor has failed to exercise.
- Breach of Duty: The physician did not provide a level of care consistent with what is accepted within the profession.
- Causation: The improper diagnosis inflicted injury upon the patient.
- Damages: The patient incurred damages due to the misjudgement of the diagnosis.
Statute of Limitations
- Each state has specific time limits for filing a medical malpractice lawsuit, usually between one and three years.
The Role of Medical Records Review in Cases of Misdiagnosis Importance of Medical Records
- Medical records are an integral part of documentation which contains a patient’s personal information, interaction with the patient, and the treatment done.
- A detailed examination can reveal gaps that would better support a claim of a misdiagnosis.
How We Help Lawyers
- Detailed Analysis: We perform thorough analyses of medical records to provide relevant details.
- Expert Testimony: Our expert analysis can help bolster the claim in a trial.
Steps to Take Before Filing A Lawsuit Gather All Needed Documents
- Retrieve all the required documents pertaining to the individual’s medical history, such as:
- Laboratory findings
- Detailed records of previous treatments
- Communication with the doctors
Seek Advice From Physicians: Consult with lawyers who deal with malpractice or negligence issues in medicine determines advice on the strength of the planned case.
Explore Out of Court Settlement: Considered less aggressive than a lawsuit, mediation or arbitration could be suitable alternatives to litigation.
Case Studies
Case Study 1: Cancer Case Was Misdiagnosed
• Overview: A woman was reporting symptoms that she considered to be an ailment, but which turned out to be cancer in its advanced stages.
• Challenges: Delay in the correct diagnosis advanced the stages of the cancer.
• Solutions: As a result of the medical record review, it was noted that there were gaps in follow-up protocols, missed step reviews, and a failure to follow-up with the patient.
• Compensation: The claimant in this case was paid a sum that in legal terms is referred to as a settlement covering expenses of further medical treatment and suffering as a consequence of the cancer.
Case Study 2: A Young Person with a Heart Condition Was Never Diagnosed
• Overview: A young adult developed chest pains but was labelled as having anxiety.
• Challenges: A heart attack from a misdiagnosis.
• Solutions: Examination of patient files and records indicated relative neglect in terms of further testing and the initial examination garnering appropriate attention.
• Compensation: For medical expenditure and income not earned, a family in this situation was compensated and quite naturally so.
Conclusion
• Claiming a medical practitioner suffers from inadequate diagnosis is one of the most difficult malpractices to substantiate. It requires familiarity with a multitude of legal documents and combing through various law texts.
• Post the gathering of evidence; lawyers have access to preliminary files that comprise of medical records pertaining to the defendant.
• Equally, patients that are knowledgeable are effectively empowered not tell their aides or legal representatives able to unreasonably misguide them to easily circumvent the challenge of these misdiagnosis themselves.
