When we consult with our medical expert, we expect them to properly diagnose the conditions we suffer from, to prescribe the correct medications, and to perform medical treatments with responsibility and skill to assist in our health and well-being. However, there are doctors and medical staff whose negligence, carelessness, or incompetence often leads to serious forms of medical malpractice including misdiagnosis or failure to diagnose.

What is a misdiagnosis?

Misdiagnosis occurs when a doctor or a health care expert fails to diagnose an ailment correctly or at all. In many cases, misdiagnosis of a condition can be devastating for victims and their families. In a large-scale review of autopsy reports, researchers discovered misdiagnosis or failure to diagnose resulted in 30 to 40 percent of deaths in the cases studied. When the proper diagnosis is not made, then the correct treatments cannot begin, therefore endangering the life of a patient.

Common errors that lead to a misdiagnosis:

• Lack of communication between doctor and patient
• Failure to perform correct tests
• Misinterpreted test results
• Misread test results
• Delayed diagnosis
• No diagnosis

Common misdiagnosis cases:

The failure to diagnose is one of the most common cases of misdiagnosis and occurs most frequently in conditions such as:

• Heart attacks
• Breast cancer
• Appendicitis
• Lung cancer
• Colon cancer
• Diabetes
• Hypertension
• Meningitis

Misdiagnosis and the law

The law protects victims of misdiagnosis and holds medical experts liable for their negligence or wrongdoing. Under a medical malpractice claim, a misdiagnosis victim may be eligible to receive compensation for their losses, which can include pain and suffering, serious injury, death, loss of income capacity, medical bills, and more.

Standards for a medical malpractice claim

If you are filing a misdiagnosis lawsuit under a medical malpractice claim, it is important to know that you must be able to prove three criteria. You must prove your doctor failed to provide the standard of care and made a mistake a reasonable doctor would not have made. In addition, you must show that your injury is a result of your doctor’s negligence or wrongdoing. You must show the damages suffered from the negligence or wrongdoing. These are all things that your medical malpractice attorney will discuss with you while investigating your claim and preparing your case.

Statute of Limitations

It is important to know that misdiagnosis cases filed under a medical malpractice suit are subject to a statute of limitations. This limits the time a person has to file a medical malpractice claim and may vary from state to state. Please contact the qualified Pennsylvania medical malpractice attorneys at Eisenberg, Rothweiler, et al to ensure your right to pursue a claim is protected.

Have you suffered from a misdiagnosis?

If you or a loved one has been injured because a medical expert has failed to give you a correct and timely diagnosis of your illness or injury, contact us to speak with an experienced attorney who will evaluate your case free of charge to determine the best way to protect your legal rights