A recent report from the U.S. Department of Health and Human Services Agency for Healthcare Research and Quality (AHRQ) states that approximately 7.4 million emergency department (ED) patients are misdiagnosed each year in U.S. hospitals, and of those, this leads to an estimated 2.6 million people who suffer an adverse event — 370,000 of which are estimated to endure serious harm as a result. This puts the risk of receiving a misdiagnosis at an ED visit at an estimated 1 in 18 chances. This risk makes it more important to be aware of your right to pursue medical malpractice compensation when it comes to a diagnostic error that could forever change your life or the life of a loved one. This post will review conditions that support reaching out to an attorney to help you in the event you, or someone you know, suffer the consequences of a misdiagnosis.
Commonly Misdiagnosed Conditions
Certain medical conditions are more commonly misdiagnosed, and understanding these can help patients and their families identify when negligence may have occurred. Some of the most frequently misdiagnosed conditions include:
- Stroke
- Myocardial infarction (heart attack)
- Aortic aneurysm/dissection
- Spinal cord compression/injury
- Venous thromboembolism (blood clots)
Other serious conditions that can be misdiagnosed include cancers (such as lung or colon cancer), sepsis, meningitis, encephalitis, and appendicitis. Misdiagnosing these conditions can prevent the timely treatment necessary to prevent serious harm, leading to irreversible complications, prolonged pain, and even death.
The Impact of a Misdiagnosis
A misdiagnosis can lead to severe consequences. If a condition isn’t diagnosed correctly, it may go untreated, causing the patient to suffer longer and endure unnecessary tests, medications, or even surgery. In some cases, the failure to diagnose can make the condition significantly worse and harder to treat. Furthermore, it can lead to emotional distress, as patients often feel helpless when they discover the true nature of their condition after unnecessary treatments or delays.
The impact of a misdiagnosis often extends beyond physical harm. Patients may suffer emotional distress, financial strain from medical bills, and loss of quality of life.
Proving Medical Malpractice in a Misdiagnosis Case
To pursue a medical malpractice claim, the plaintiff (or their legal representative) must show that the healthcare provider’s actions were negligent. In cases of misdiagnosis, the following must be proven:
- Duty of Care:Â The healthcare provider had a responsibility to provide care at the standard level expected in the medical community.
- Breach of Duty:Â The healthcare provider failed to meet this standard, either by misdiagnosing the condition or failing to order appropriate tests.
- Causation: The misdiagnosis led directly to harm or worsened the patient’s condition.
- Damages:Â The plaintiff must show that they experienced financial or emotional damages due to the misdiagnosis.
Proving misdiagnosis requires strong documentation, including a secondary physician’s review confirming the original diagnosis error and detailing the resulting harm. This evidence is crucial to building a solid case.
The Role of the Statute of Limitations
A critical aspect of filing any medical malpractice claim is adhering to the statute of limitations, the time frame within which you must file the lawsuit. The time limit can vary by state, but it is often two years from the incident, or from the time the error was discovered. It is crucial to consult with an attorney promptly, as missing the deadline could prevent you from filing your case.
In some situations, the statute of limitations begins when the correct diagnosis is discovered, not necessarily when the misdiagnosis was made. This is why documenting your health status and treatment is so vital.
Legal Support for Medical Malpractice Claims
If you or a loved one has suffered due to a misdiagnosis, it’s essential to consult an attorney with experience in medical malpractice claims. Legal professionals can help evaluate the case, gather the necessary medical records, and pursue compensation for the harm caused by the misdiagnosis. Compensation may cover medical expenses, lost wages, pain and suffering, and other related costs.
Conclusion
While medical professionals are trained to diagnose and treat conditions accurately, misdiagnosis remains a frequent source of harm to patients. If you suspect that you have been a victim of a misdiagnosis, seeking legal guidance can help you understand your options. An experienced medical malpractice attorney can assist you in pursuing a claim to obtain compensation for the damage caused by the misdiagnosis.
At Siri & Glimstad LLP, we are dedicated to helping families seek justice in misdiagnosis cases. For help with this or any medical malpractice questions you may have, fill out the form here to schedule a time to speak with a qualified medical malpractice attorney. It has never been more important to have a knowledgeable and compassionate advocate on your side.
