Wrong diagnosis is also known as misdiagnosis. People have been asking, Can You Sue a Doctor for Wrong Diagnosis? Now, quite a number of medical misdiagnosis or ever delayed diagnosis of a medical condition, illness or injury can lead to incorrect treatment, delayed treatment or no treatment at all. In this case, the patient’s condition can get worse and might even die. If you paid attention, you will notice that all that happened because of misdiagnosis or delayed diagnosis. In this case, one is right to ask Can You Sue a Doctor for Wrong Diagnosis?
The bottom line in these kinds of cases is whether the health care provider breached the applicable “medical standard of care” under the circumstances. This narrowed down means to say whether a similarly trained doctor in the same medical community would have spotted the health problem and identified it or would have done it within a shorter period of time. You should know that there are some cases where the symptoms of the disease or health problem in question are almost the same as other ones. Now to answer the question Can You Sue a Doctor for Wrong Diagnosis? In this case, misdiagnoses are common and to a certain point, the doctor can’t be sued.
Common Types of Misdiagnosis
Amongst many types of misdiagnosis, below are some of the common types.
- Asthma. Asthma is often misdiagnosed as recurring bronchitis.
- Cancer. Misdiagnosis of cancer can lead to painful, unnecessary and debilitating treatment like chemotherapy and radiation.
- Lymph node inflammation. Lymph node inflammation can at times be mistaken for appendicitis.
- Heart attack. Heart attacks can be misdiagnosed for indigestion, panic attack or other related issues.
- Staph Infection. Now staph infection is commonly misdiagnosed as common flu.
Also below are some typical misdiagnosis cases that involve either delayed diagnosis or mismanagement of diagnostic testing.
- Failure to refer the patient to a real and professional specialist.
- Often misinterpretation of a lab test result.
- Failure to follow up properly and investigate potential causes of symptoms that are reported by the patient.
There are also other misdiagnosis but these are the common ones. Now anyone could easily see that a disaster is bound to happen from these kinds of misdiagnoses if care is not taken.
What you can do in Case of a Misdiagnosis
In case of a misdiagnosis, when it comes to lawsuits, it must be shown that in failing to accurately diagnose a harmful health condition, the doctor in question failed to demonstrate the level skill that a similarly trained and experienced doctor would have shown under the circumstances. In this case, you can sue the doctor.
Who can be Sued – Can You Sue a Doctor for Wrong Diagnosis?
In most cases of misdiagnosis, only the primary physician or your doctor can be sued for misdiagnosis. However, in rare cases, other health care professionals can also be sued if their negligence contributed to the patient’s harm. These people could be nurses, lab techs, or any specialist who may have seen the patient. You should know that the health care facility or hospital cannot be sued for harm caused by misdiagnosis.
Proofs of Misdiagnosis
If you decide to sue a doctor for misdiagnosis, it is important you should know that you are going to need the proofs of misdiagnosis. To actually win the case, you need to show that the misdiagnosis resulted in harm to the patient. Some of these proofs of;
- The doctor performed surgical procedures that were not necessary.
- Exposing the patient to harmful courses of treatment which were not needed.
- Increased likelihood of complication or death and many others more.
If you can show this information in court, you are definitely winning the case.