Diagnostic errors are when a condition is not correctly diagnosed or communicated to the patient in a timely manner. These errors can lead to delays in treatment, causing more severe health complications and prolonged suffering.
Diagnostic errors are more common than many realize, affecting approximately 1 in 20 adults in the United States each year.
Types of diagnostic errors include misdiagnosis and missed diagnosis. In both cases, the lack of proper care can lead to the patient’s condition worsening and causing permanent injuries or even death.
Misdiagnosis vs Missed Diagnosis
While misdiagnosis and missed diagnosis sound similar, they are different types of negligence that can constitute a medical malpractice claim if serious injuries occur.
Misdiagnosis
Misdiagnosis occurs when a medical provider incorrectly diagnoses their patient, leading to improper treatment of the wrong condition.
This can occur for several reasons in the healthcare facility, including:
- Miscommunication. When communication is ineffective between medical providers, it can lead to incomplete sharing of critical test results, patient histories, and treatment plans. These all increase the risk of misdiagnosis.
- Misreading test results. Medical tests require careful analysis to ensure nothing is overlooked. However, if test results are quickly reviewed or ignored, they may diagnose the patient with the wrong condition.
- Inadequate experience. Medical providers who are inexperienced may have a hard time diagnosing conditions with rare symptoms.
When misdiagnosis occurs, patients may receive treatment for an illness they don’t have while their actual condition remains untreated. This delay in treatment can cause the condition to progress, which can lead to irreversible harm.
Missed Diagnosis
A missed diagnosis happens when a medical provider fails to diagnose a patient’s condition. Unlike misdiagnosis, where the incorrect diagnosis is given, a missed diagnosis means no diagnosis is given at all. Patients are often sent home without treatment, only to return when they experience worse symptoms.
This can occur for the same reasons as a misdiagnosis, ultimately caused by negligence. These errors can also be caused by:
- Failure to follow up. When medical providers fail to follow up on a patient’s symptoms, test results, or medical history, they can miss crucial warning signs of their patient’s health condition.
- Failure to order tests. Proper testing is essential for diagnosing medical conditions. If a provider fails to order the appropriate tests, the condition may remain undiagnosed.
Most Common Diagnostic Errors Conditions
Certain medical conditions are more likely to be wrongly diagnosed than others, often leading to severe consequences for the patient. Johns Hopkins Medicine revealed that there are three illnesses that are most commonly incorrectly diagnosed, these are known as “the big three”. The big three are vascular events, cancer, and infections, and these account for 75% of diagnostic errors that lead to serious harm.
The conditions that are improperly diagnosed lead to more serious harm when they are not diagnosed and treated in a timely manner.
Legal Implications
Not every diagnostic error will lead to a medical malpractice lawsuit. Some injuries occur even if the medical providers did everything right and followed the standard protocols. However, when a doctor fails to diagnose a condition due to negligence, there may be grounds for a lawsuit.
To prove a medical malpractice case based on diagnostic errors, key elements must be established, including:
- Duty. The medical provider has the professional duty to care for the patient.
- Breach. The medical provider was negligent, meaning they failed to meet the standard of care that a reasonable doctor would have provided under the same circumstances.
- Causation. The medical provider’s negligence directly led to severe injuries or harm.
- Damages. The patient suffered financial, emotional, and physical damages due to the misdiagnosis. This would include medical expenses, loss of income, and pain/ suffering.
These elements are essential when proving a medical malpractice case. However, even a clear-cut case can have challenges.
When Diagnostic Errors Are Considered Medical Malpractice
Medical providers, like anyone, can make mistakes. However, not every diagnostic error is considered medical malpractice. For an error to constitute medical malpractice, there must be severe injuries and negligence.
If a doctor misdiagnoses a condition, but the patient does not suffer any harm as a result, the courts will not consider this medical malpractice. The standard of care also plays a role in dictating what does or does not constitute malpractice. This refers to the level of care a reasonable doctor would have in the same situation. In other words, if another qualified doctor in the same field would have made the same diagnostic error under similar circumstances, it is unlikely that malpractice occurred.
However, if the error did fall below the accepted standard of care and caused harm, then there may be grounds for a lawsuit.
Challenges In Proving Your Case
Medical malpractice cases can be complex and difficult to prove, especially when diagnostic errors are involved. One of the challenges is establishing that the doctor’s misdiagnosis was negligent rather than an unavoidable mistake.
Many conditions have overlapping symptoms or rare symptoms, making it hard to correctly diagnose. Because of this, proving that a reasonable doctor would not have made the same diagnostic error can be difficult.
Another challenge is proving that the doctor’s mistake directly led to harm. In some cases, a patient’s condition could worsen regardless of when they started treatment. To have a successful claim, it must be proven that the patient’s outcome would have been better if correctly diagnosed.
Timing is also crucial in medical malpractice cases. Each state has a statute of limitations, which is the time frame that an individual can file a case. Some states have shorter statutes than others, making it important to know what the statute is in your state. In Ohio, the statute is one year from the date of the incident or the date the patient discovered the injury. If the lawsuit is not filed within this timeframe, the courts will likely dismiss it, no matter how strong of a case it is.
When to Contact An Attorney
If you or a loved one suffered severe injuries due to a diagnostic error, you have the risk to consult with an attorney. A medical malpractice attorney will be able to review your records to see if there was negligence and if you have a viable claim.
To see if you have a case, contact our attorneys by dialing (440) 333-3800 or filling out our contact form.