Is a misdiagnosis considered medical malpractice?
A diagnosis error which results in incorrect, delayed, or no treatment at all is not by itself grounds for a medical malpractice case. Instead, as a victim, you will need to prove three points to have a successful case: a professional doctor-patient relationship existed, your doctor acted negligently in some way, and this negligence caused you actual harm.
Skilled doctors are known to make mistakes when diagnosing, so this alone is insufficient for a malpractice case. The key to negligence is showing the doctor acted incompetently which can involve evaluating what the doctor did and did not do in coming to a diagnosis.
A malpractice claim based on an error in diagnosing needs to show that another doctor with a similar specialty and under similar conditions would not have made such a misdiagnosis.
Other times, doctors can make incorrect diagnoses based on inaccurate lab test results which can occur when diagnostic equipment is faulty or some human error took place such as a contaminated sample or improper procedure by a laboratory technician. A person other than the doctor can be held liable in such a malpractice suit.
You also need to be able to prove any negligent or delayed diagnosis caused you harm. Although it is rare, if you suffered emotional distress and financial losses from an incorrect diagnosis when you are otherwise healthy, you would need to demonstrate the harm done to you.
Chances of misdiagnoses are greater in emergency settings given the time restraints and increased pressure. Misdiagnoses in such a situation can result in even more harm to the patient than normal.
Medical malpractice cases are some of the most complex injury cases to handle, meaning you should seek assistance from Webb & Taylor, LLC to handle each stage of your claim for damages.