When professional negligence contributes to a diagnostic error that harms a patient, there may be a viable medical malpractice claim. Diagnostic errors can have serious and sometimes fatal consequences. These mistakes occur when a medical professional misdiagnoses a condition, fails to diagnose it promptly, or misses it entirely.
Misdiagnoses can lead to improper treatment, delayed treatment, or no treatment at all, each of which can worsen the patient's condition or lead to new health issues. Understanding what constitutes a diagnostic error and the legal standard for proving medical malpractice is essential.
We’ll discuss the duty of care, the standard of care, examples of diagnostic errors, and the legal options available to affected patients.
Did the Medical Professional Owe Duty of Care?
All medical malpractice claims are predicated on the breach of a medical professional’s duty of care to a patient. This means a healthcare provider was responsible for providing care that should have met the accepted standards of their practice.
This duty is typically assumed whenever a doctor-patient relationship is established, and despite waivers and consent forms, it’s not easily dismissed. If a doctor agreed to provide you with medical care that may include treatment, a doctor-patient relationship likely exists, and the physician owes a duty of care.
Did the Diagnostic Error Breach the Standard of Care?
While diagnostic errors are not uncommon, medical professionals can make errors despite their best efforts. That said, not all errors result from negligence. The key factor is whether the error was due to a deviation from the standard of care.
If a medical professional’s peers would agree that their decisions or conclusions differ from what is accepted by the broader medical community, then the professional may have breached the standard of care for their practice. Such a breach can be interpreted as negligence, which forms the basis of many medical malpractice claims.
Common Types of Diagnostic Errors
Diagnostic errors can take many forms and occur at various stages of medical care. Such errors can also cause serious health complications and even death if not properly addressed.
The following are several common types of diagnostic errors:
- Misdiagnosis: Diagnosing a patient with the wrong illness or condition, leading to incorrect treatment.
- Delayed diagnosis: Failing to diagnose a condition promptly, resulting in delayed treatment and potentially worse outcomes.
- Failure to diagnose: Missing the diagnosis of a condition entirely, leading to no treatment and continued progression of the illness.
- Overdiagnosis: Diagnosing a condition that is either non-existent or not harmful, leading to unnecessary treatment.
- Underdiagnosis: Diagnosing a less severe condition when the actual condition is more serious, leading to inadequate treatment.
- Partial diagnosis: Recognizing some but not all aspects of a patient’s condition, resulting in incomplete treatment.
- Communication errors: Miscommunication between healthcare providers or between providers and patients, leading to incorrect or missed diagnoses.
- Testing errors: Errors related to the administration, interpretation, or follow-up of medical tests.
These errors can happen at any stage of the diagnostic process, from initial evaluation to follow-up care. As a patient, it’s important to be vigilant and consult with a medical malpractice attorney when you suspect a negligent medical professional harmed you.
Did the Diagnostic Error Harm the Patient?
Causation is a critical element in a medical malpractice case. Claimants must demonstrate that the diagnostic error directly harmed them. This can be a challenge because it requires proving that the patient wouldn’t have suffered the adverse outcome if the error had not occurred. Expert testimony is often necessary to establish causation.
For example, if a patient's cancer was misdiagnosed as a benign condition, leading to delayed treatment and a worsened prognosis, it must be proven that timely diagnosis and treatment would have significantly improved the patient's chances of recovery. The link between the error and the harm must be clear and direct.
What Are Recoverable Damages in a Medical Malpractice Claim?
Damages refer to the losses suffered by the patient due to the diagnostic error. These can include physical pain, emotional distress, additional medical expenses, lost wages, and diminished quality of life. In severe cases where the error results in death, the patient's family may also be entitled to compensation for their loss.
Calculating damages involves assessing the extent of the harm and its impact on the patient's life. This can include immediate effects, such as pain and suffering, as well as long-term consequences, such as ongoing medical needs and reduced life expectancy.
Contact Us for Help with Your Medical Malpractice Claim
You may be entitled to compensation if you or a loved one suffered due to a diagnostic error. Medical malpractice claims can be complex, requiring extensive knowledge of both medical and legal standards.
Our experienced team at Clawson & Clawson, LLP is here to help you navigate this challenging process. We can thoroughly review your personal injury claim, consult with medical experts, and gather the necessary evidence to build a strong case on your behalf. We aim to ensure you have the best possible chance of achieving the compensation you need to move forward with your life.
For more information and to request a consultation, contact us today.