Medical Malpractice Due to Misdiagnosis

‍When Medical Misdiagnosis or Delay can Lead to a Lawsuit

Not all instances of an incorrect diagnosis will be grounds for legal action. The mere fact a doctor made the wrong diagnosis or took too long to make it does not mean he or she was negligent. If the error did not result in harm to the patient, there will be no grounds for a medical malpractice lawsuit.

Doctors can and do make diagnostic errors even when exercising reasonable care. The attorney in these cases must look at whether the doctor or surgeon acted competently.

A key question is whether the doctor breached the relevant medical standard of care in the circumstances. In these cases, we should ask would a doctor with similar training and background have made the same diagnosis?

These cases can be challenging.  The patient must prove that the misdiagnosis caused the injury or illness to become more serious than if a correct diagnosis was made.  

Common Forms of Serious Medical Misdiagnosis

Cancer – A delayed diagnosis of cancer or mistaking the condition for something more benign can be a death sentence for a patient. Alternatively, patients may receive an incorrect cancer diagnosis, which means they unnecessarily suffer harrowing treatments like chemotherapy and radiation.

Asthma – this condition may be diagnosed as recurring bronchitis with potentially fatal consequences.

Heart Attack – mistaking a heart attack for a panic attack, indigestion or a muscular issue can also be deadly for a patient.

Celiac Disease – Many people who have this condition are given an incorrect diagnosis.

Stroke – American Heart Association research found younger people who suffer stroke symptoms are frequently misdiagnosed with migraines, vertigo, or believed to be intoxicated from alcohol.

Lymph node inflammation – this condition is often misdiagnosed as flu.

Fractures – a doctor fails to diagnose a fracture and tells you, you have a sprain.