When someone thinks they are having a health crisis, family members or friends may rush them to the doctor. Everyone breathes easier once they arrive at the emergency room and the doctor steps in. That isn’t always the end of the issue.
In an ideal world, the doctor will quickly and accurately diagnose the problem and set about treating it. But sometimes, things go off track.
The doctor might fail to make a diagnosis and tell the patient they are free to go home. Or the doctor may misdiagnose the condition and provide the wrong treatment. In either case, the patient may get worse or die — and it raises the question of medical malpractice.
Failure to diagnose and misdiagnosis can both be medical malpractice, but they are not identical. Understanding the distinction can help a family recognize if they have grounds for a medical malpractice claim.
How a Failure to Diagnose Causes Harm
The tricky thing about failure to diagnose is that it comes as the best possible news to the patient. If a middle-aged man feels tightness in his chest and goes to the doctor fearing a heart issue, he’s hoping he’s wrong. When the doctor declares him perfectly healthy, the man is sent home, and he couldn’t be happier. But he never got the testing that would have uncovered a vascular event.
This is a classic case of failure to diagnose. Failure to diagnose doesn’t happen with medical problems that have unique, visible symptoms, like measles or a broken arm. It usually occurs with less obvious health conditions like vascular events, infections, and cancers. These medical issues require additional testing to diagnose.
Although the patient presented with symptoms, the doctor didn’t order any workup or referral. If there truly is something wrong, the patient is injured by the failure to make a diagnosis. This gives the health issue time to progress and makes a quick, complete recovery less likely.
Misdiagnosis Delays Treatment
Misdiagnosis also involves a doctor misreading the patient’s symptoms. But in the case of misdiagnosis, the patient is not declared healthy and sent home. The doctor determines that the patient has a medical problem but assigns the wrong diagnosis. In the case above, the doctor might tell the man with tightness in his chest that he has heartburn or emphysema, rather than conducting tests for a vascular event.
With misdiagnosis, the patient may be instructed to begin treatment for the wrong ailment. This treatment can be harmful to the patient and cause other health issues. It will certainly delay treatment for the underlying health condition.
When a Diagnosis Error is Medical Malpractice
Both failure-to-diagnose and misdiagnosis can be considered an improper diagnosis. When a doctor makes an incorrect diagnosis, it can have adverse health consequences for the patient. Both failure-to-diagnose and misdiagnosis can constitute medical malpractice if the standard of negligence is met.
To prove negligence in a medical malpractice case, it must be shown that the healthcare provider’s actions did not meet the accepted standard of care. What does “the accepted standard of care” mean? It means the actions that a reasonable doctor would have taken under similar circumstances. If the doctor deviated from this standard of care, they acted negligently and can be held accountable for actual injury to the patient.
However, every failure to diagnose is not medical negligence. If the medical professional misread imaging results, failed to order important tests, or ignored clear red flags, the failure to diagnose is likely negligent. On the other hand, if reasonable doctors could also have concluded that the patient was not ill, or if no harm resulted, it would not constitute malpractice.
Likewise, not every misdiagnosis constitutes medical malpractice. If a reasonable doctor would not necessarily have detected the medical condition based on the symptoms presented and the available testing, it may not constitute medical negligence.
The Importance of Seeking Assistance
Anyone who believes that they were a victim of medical malpractice is likely to feel overwhelmed. Proving whether the standard of care was met seems confusing. This is perfectly normal; a patient cannot be expected to determine or prove medical negligence on their own.
It is important for anyone who has been the victim of a failure to diagnose or a misdiagnosis to talk with an experienced medical malpractice attorney. They will have the skills to determine whether malpractice occurred and, if so, how to prove it.
Nurenberg, Paris, Heller & McCarthy Can Help You Pursue Full and Fair Compensation
The Cleveland law firm of Nurenberg, Paris, Heller & McCarthy has experience representing Ohio residents in medical malpractice matters, including cases involving a doctor’s failure to diagnose or misdiagnosis. We believe that nobody should have to take on the emotional and financial hardship of an incorrect medical diagnosis injury alone.
Our experienced legal team is ready to help you pursue maximum compensation if you were harmed by a doctor or other medical professional. Contact our Cleveland medical malpractice lawyers today for a free consultation.
