Medical misdiagnosis happens more often than most people realize. When a doctor fails to correctly identify a condition, the consequences can be devastating. Patients may receive the wrong treatment, undergo unnecessary procedures, or miss the window for effective care.
Our friends at The Law Office of Bennett M. Cohen across the country discuss how these cases represent some of the most serious forms of medical negligence. A misdiagnosis lawyer focuses specifically on helping patients who have suffered harm because their condition was incorrectly identified or overlooked entirely.
Understanding Medical Misdiagnosis
Misdiagnosis takes several forms. A doctor might identify the wrong condition, fail to diagnose a serious illness, or significantly delay the correct diagnosis. Each scenario can result in substantial harm to the patient.
According to the Agency for Healthcare Research and Quality, diagnostic errors affect approximately 12 million Americans each year in outpatient settings alone. These errors contribute to roughly 10% of patient deaths and account for 6-17% of adverse events in hospitals.
Common conditions that are frequently misdiagnosed include:
- Cancer (particularly lung, breast, and colorectal)
- Heart attacks and cardiovascular disease
- Stroke
- Infections like sepsis and meningitis
- Blood clots and pulmonary embolism
- Neurological conditions such as multiple sclerosis
What Makes A Valid Misdiagnosis Claim
Not every diagnostic error constitutes medical malpractice. We need to prove several elements to build a successful case.
First, there must be a doctor-patient relationship. The physician owed you a duty of care. Second, the doctor’s conduct fell below the accepted standard of care. This means another competent physician in the same specialty would have made the correct diagnosis under similar circumstances.
Third, you suffered actual harm as a direct result of the misdiagnosis. This might include disease progression, unnecessary treatment, permanent injury, or wrongful death. Finally, we must establish that the harm caused measurable damages such as medical expenses, lost wages, pain and suffering, or disability.
The Role Of Medical Standards
Medical professionals must follow established diagnostic protocols. When evaluating symptoms, doctors should consider differential diagnoses, order appropriate tests, and review results carefully.
They should also listen to patients, take thorough medical histories, and follow up on abnormal findings. Failure to meet these standards can constitute negligence.
Types Of Compensation Available
Successful misdiagnosis claims can recover several types of damages. Economic damages cover quantifiable losses like medical bills, rehabilitation costs, and lost income. Non-economic damages address pain and suffering, emotional distress, and reduced quality of life.
In some cases involving particularly egregious conduct, punitive damages may apply. These aim to punish the wrongdoer and deter similar behavior.
Time Limits Matter
Every state has a statute of limitations for medical malpractice claims. These deadlines typically range from one to three years from the date of injury or discovery of harm. Missing this deadline usually means losing your right to pursue compensation permanently.
Some states apply the discovery rule, which starts the clock when you knew or should have known about the misdiagnosis. Others have special rules for cases involving minors or fraudulent concealment.
Building Your Case
Medical malpractice cases require substantial evidence. We gather medical records, consult with medical professionals in the relevant specialty, and reconstruct the timeline of your care. Expert witnesses play a vital role in explaining how the standard of care was breached.
Documentation proves essential. We examine diagnostic tests, imaging studies, pathology reports, and clinical notes. We also interview treating physicians and review the medical literature relevant to your condition.
Taking The Next Step
If you suspect a misdiagnosis caused you or a loved one serious harm, time is of the essence. Medical malpractice cases involve complex legal and medical issues that require careful evaluation. We can review your situation, explain your legal options, and help you understand whether you have a viable claim. Contact us to discuss your case and learn how we can advocate for the justice and compensation you deserve.