Misdiagnosis and Medical Malpractice: How They Intersect

November 22, 2023

Misdiagnosis and Medical Malpractice: How They Intersect

When we place our health and well-being in the hands of medical professionals, we trust them to accurately diagnose and treat our ailments. However, like all professionals, doctors can make mistakes. But when does a misdiagnosis cross the line into the realm of medical malpractice? The law firm of Hartman Duff, LLC explores this critical intersection to help patients understand their rights.

What Constitutes a Misdiagnosis?

Misdiagnosis refers to when a medical professional incorrectly identifies a patient’s condition or fails to diagnose a present condition entirely. It can also include situations where the diagnosis was delayed, leading to worsened patient outcomes. Such diagnostic errors can result in the patient receiving unnecessary or incorrect treatments, or in some severe cases, missing out on critical treatments altogether.

It’s essential to understand that not all diagnostic errors amount to malpractice. Medicine is a vast and complex field, and many conditions share overlapping symptoms. Sometimes, even with the best practices and intentions, a physician may get it wrong.

The Legal Threshold for Medical Malpractice

Medical malpractice arises when a healthcare provider deviates from the standard of care in their profession, leading to patient harm. The “standard of care” refers to the level of care that a reasonably competent physician would provide in similar circumstances.

To establish a medical malpractice claim based on misdiagnosis, the patient (usually with the help of an attorney) would need to prove:

  • Duty of Care: Every medical professional owes their patients a duty of care. This means that once a doctor-patient relationship is established, the doctor is expected to provide care with competence, skill, and diligence, akin to what other healthcare providers would offer in similar circumstances.
  • Breach of Duty: This is where the crux of many malpractice claims lie. It needs to be shown that the healthcare provider deviated from or failed to uphold the established standard of care. In other words, did the provider act in a way that a reasonably competent and skilled provider, with a similar background and in the same medical community, wouldn’t have?
  • Causation: It’s not enough to prove that a healthcare provider breached their duty of care. The breach must be the direct cause of the patient’s injury. This is often summarized as “but for the doctor’s negligence, the harm would not have occurred.”
  • Damages: Finally, the patient must prove that they sustained actual damages. This could be physical (e.g., injury, pain, disability), emotional (e.g., trauma, stress), or financial (e.g., loss of earnings, additional medical bills).
  • Expert Testimony: Due to the technical and specialized nature of medical practice, expert witnesses are often crucial in medical malpractice lawsuits. These experts, typically other healthcare providers in the same field as the defendant, can provide insight into whether the standard of care was breached and how it led to the patient’s injury.

Scenarios Illustrating Misdiagnosis

At Hartman Duff, LLC, we understand the severe implications that a misdiagnosis can have on a patient’s life. While the following scenarios are hypothetical, they represent the potential risks and consequences of diagnostic errors in healthcare. These examples are crafted to highlight legitimate cases of medical malpractice claims due to a misdiagnosis by a medical professional.

Breast Cancer Misdiagnosed as a Cyst

Imagine a 45-year-old woman discovering a lump in her breast. After consulting her physician, she is reassured that it’s just a benign cyst, requiring no further action. Trusting this advice, she avoids additional tests. However, in this scenario, let’s say the lump grows and becomes painful over time. A delayed diagnosis reveals advanced-stage breast cancer, leading to aggressive treatments and a challenging prognosis.

Heart Attack Misdiagnosed as Indigestion

Consider a middle-aged man experiencing chest pain and shortness of breath. The emergency room physician assumes it’s indigestion, neglecting to perform an ECG and prescribing antacids. Tragically, the man suffers a fatal heart attack the same night. A posthumous examination reveals coronary blockages that, if identified earlier, could have altered the outcome.

Meningitis Mistaken for the Flu

Picture a young mother taking her toddler to the hospital with symptoms like a high fever, lethargy, and a mild rash. The child is diagnosed with the flu and sent home. As the condition worsens, a tragic and delayed realization of bacterial meningitis occurs, a condition that might have been treatable if diagnosed earlier.

Chronic Lymphocytic Leukemia (CLL) Misdiagnosed as Anemia

Imagine a 60-year-old patient experiencing fatigue, weight loss, and frequent infections. Initially diagnosed with anemia and prescribed iron supplements, the situation takes a turn when persistent symptoms lead to further testing by another doctor, revealing CLL. The delay in a correct diagnosis leads to disease progression and complicates treatment options.

Each of these scenarios underscores the paramount importance of accurate and prompt diagnosis in healthcare. They are illustrative examples intended to emphasize how critical it is for medical professionals to diligently evaluate and diagnose health conditions, reflecting our commitment at Hartman Duff, LLC to raise awareness about the potential impact of diagnostic errors.

Contact an Experienced Medical Malpractice Lawyer at Hartman Duff, LLC for a Free Consultation About Your Case Today

Misdiagnosis can have devastating repercussions on a patient’s health and quality of life. While it’s true that doctors are human and can make mistakes, there’s a legal distinction between a genuine error and negligence that results in harm.

If you or a loved one believe you’ve been a victim of misdiagnosis leading to injury, pain, or substantial loss, it’s essential to understand your rights and seek legal advice. At Hartman Duff, LLC, we have a dedicated team with years of experience in handling medical malpractice claims. Our commitment is to ensure that patients get the justice they deserve.

Don’t suffer in silence. Reach out to Hartman Duff, LLC today for a consultation on your potential medical malpractice case. Your health, well-being, and peace of mind matter to us.