Medical Misdiagnosis as Medical Malpractice: Understanding Your Legal Rights
A medical misdiagnosis can have devastating consequences, leading to delayed treatment, incorrect procedures, worsening health conditions and even death. When a doctor fails to diagnose a condition correctly, the patient may suffer unnecessary pain, undergo unneeded treatments, or miss the opportunity for early intervention. While not every misdiagnosis constitutes medical malpractice, cases involving negligence, failure to follow standard medical procedures, or reckless disregard for a patient’s health may be grounds for a legal claim.
Our West Palm Beach medical malpractice law firm discusses how misdiagnosis can lead to medical malpractice claims, the legal requirements for proving negligence, and the damages available to affected patients.
What Is Medical Misdiagnosis?
A medical misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition, fails to recognize the severity of an illness, or completely misses the diagnosis altogether. This can lead to incorrect treatment, no treatment at all, or unnecessary medical interventions, all of which may result in serious harm or death.
Types of Medical Misdiagnosis
Misdiagnosis can take several forms, including:
- Wrong Diagnosis – The doctor diagnoses a patient with the wrong condition, leading to improper treatment.
- Missed Diagnosis – The doctor fails to diagnose any condition, causing the patient to go untreated.
- Delayed Diagnosis – The doctor eventually diagnoses the condition, but only after a significant delay that results in harm.
- Failure to Recognize Complications – The doctor correctly diagnoses the condition but fails to detect related complications that could impact treatment.
- Failure to Diagnose a Related Disease – The doctor diagnoses one condition but misses another serious illness, such as failing to recognize cancer in a patient with chronic fatigue symptoms.
Some of the most frequently misdiagnosed conditions include:
- Cancer (breast, lung, colon, skin)
- Heart attacks and strokes
- Infections (sepsis, meningitis)
A misdiagnosis alone is not always medical malpractice. However, if a doctor fails to follow proper diagnostic procedures, ignores clear symptoms, or deviates from accepted medical practices, and their negligence causes a significant permanent injury, there may be a claim for medical malpractice.
When Is Medical Misdiagnosis Considered Malpractice?
To establish that medical misdiagnosis amounts to malpractice, the following legal elements must be proven:
1. Duty of Care
The patient must show that a doctor-patient relationship existed, meaning the healthcare provider had a duty to provide competent medical care.
2. Breach of the Standard of Care
The patient must prove that the doctor failed to meet the acceptable medical standard of care. This means showing that a reasonably skilled doctor in the same specialty would have made the correct diagnosis under similar circumstances.
Examples of negligence in misdiagnosis cases include:
- Failing to order necessary tests (such as blood work, MRIs, or biopsies).
- Misinterpreting test results, leading to an incorrect diagnosis.
- Ignoring patient symptoms or dismissing complaints without proper evaluation.
- Failing to refer the patient to a specialist when necessary.
3. Causation: The Misdiagnosis Led to a Significant Injury
The patient must prove that the misdiagnosis directly resulted in a significant injury. If the correct diagnosis would have led to a significant change in the outcome with resulting damages, the doctor may be liable for damages.
4. Damages: The Patient Suffered Significant Injuries and Damages
The patient must demonstrate that the misdiagnosis caused a significant injury and damages, such as:
- Unnecessary surgeries or treatments
- Worsened medical condition due to delayed diagnosis
- Emotional distress, pain, and suffering
- Increased medical bills
- Loss of income due to extended illness or disability
How Do You Prove Medical Misdiagnosis?
Florida law requires, as a pre-requisite to bringing a claim, that all the relevant records are reviewed by an expert physician of the same specialty for whomever you want to sue. The expert must sign an affidavit setting forth the opinion that the health care provider fell below acceptable standards of care and caused a significant injury. Because misdiagnosis cases are highly technical, strong medical and legal evidence is required. The following types of evidence are often used:
Medical Records Review
A patient’s medical history, test results, doctor’s notes, and treatment plans are analyzed to determine where the doctor went wrong.
Expert Medical Testimony
Expert witnesses— specialists in the relevant field—review the case and provide sworn testimony on:
- What the standard of care should have been.
- Whether the doctor’s failure led to the misdiagnosis.
- How the correct diagnosis could have improved the patient’s outcome.
Damages Available in a Medical Misdiagnosis Lawsuit
Patients who suffer due to medical misdiagnosis may seek compensation for a variety of damages, including:
Medical Expenses
- Costs of corrective treatments (such as surgery, chemotherapy, or specialized care).
- Expenses for additional diagnostic tests and second opinions.
- Hospital stays and rehabilitation required due to delayed treatment.
Lost Wages and Loss of Earning Capacity
- Compensation for missed work due to prolonged illness.
- Damages for reduced earning ability if the misdiagnosis caused permanent disability.
Pain and Suffering
- Compensation for physical pain, emotional distress, and diminished quality of life.
- Mental anguish caused by delayed treatment or unnecessary procedures.
Wrongful Death Claims (For Fatal Misdiagnosis Cases)
- If a patient dies due to a missed or incorrect diagnosis, a surviving spouse or child under the age of 25 may file a wrongful death lawsuit for:
- Funeral and burial costs.
- Loss of financial support.
- Emotional suffering.
What to Do If You Suspect Medical Misdiagnosis
If you believe that a doctor’s misdiagnosis has caused you or a loved one harm, follow these steps:
- Seek Immediate Medical Attention – Get a second opinion to confirm your diagnosis and begin proper treatment.
- Document Symptoms and Treatments – Keep a record of any pain, worsening conditions, or complications caused by the misdiagnosis.
- Consult a Medical Malpractice Attorney – An experienced medical malpractice lawyer can review your case, consult with medical experts, and determine if you have a claim.
Contact Smith, Ball, Báez & Prather
Medical misdiagnosis is one of the leading causes of medical malpractice claims, often resulting in serious injuries, unnecessary treatments, or preventable deaths. While not every misdiagnosis is malpractice, doctors and healthcare providers have a duty to follow established medical protocols to ensure that patients receive timely and accurate diagnoses.
If you or a loved one has suffered due to a misdiagnosis, it is essential to seek legal guidance as soon as possible. A successful medical malpractice lawsuit can help you recover compensation for medical expenses, lost income, and pain and suffering, while also holding negligent medical professionals accountable.
If you believe that medical misdiagnosis has caused you harm, the attorneys at Smith, Ball, Báez & Prather are here to help. We have extensive experience handling medical malpractice claims and will fight for the compensation you deserve.
Contact us today for a free consultation to discuss your case and explore your legal options.
Source:
ncbi.nlm.nih.gov/books/NBK338594/
patientclaimline.com/article/what-is-misdiagnosis-and-how-bad-is-it-really/
webmd.com/a-to-z-guides/news/20241111/misdiagnosis-is-dangerous-help-your-doctor-get-it-right
