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Is a Missed Diagnosis Medical Malpractice?

Resident in bed at a Georgia nursing home

When a medical emergency arises, we place great trust in doctors and medical professionals to properly diagnose and manage our health conditions. However, when a doctor fails to diagnose or delays diagnosing a condition, it can lead to serious consequences and may be considered medical malpractice. Around 795,000 people in the U.S. suffer medical malpractice injuries each year due to misdiagnosis of common medical conditions. If this happened to you or a loved one, you may have grounds for a medical malpractice claim.

What conditions get misdiagnosed the most?

Below you'll find some of the most frequently misdiagnosed or overlooked conditions:

  • Cancer: This is a group of diseases involving abnormal cell growth with the potential to spread. Some cancers may not be easily detectable in early stages; symptoms can be vague or overlap with other conditions. Multiple tests are a must for accurate diagnosis.
  • Aneurysm: This is an abnormal bulge in the wall of a blood vessel, often in the brain or abdominal aorta. This condition requires a thorough evaluation, as symptoms can mimic less serious conditions.
  • Heart attack: This occurs due to blocked blood flow to the heart, resulting in tissue damage or death. Symptoms often vary, and ECGs sometimes get misinterpreted. This condition demands careful assessment.
  • Stroke: This occurs when the blood supply to part of the brain is interrupted, resulting in cell death due to a lack of nutrients and oxygen. This requires an immediate and thorough diagnosis, as symptoms can be subtle or mimic other conditions.
  • Blood clot: A clot forms in the deep veins, usually in the legs, and can dislodge to cause blockages. Blood clots can be easily missed. Early detection is key to preventing serious, and potentially fatal, complications.
  • Pulmonary embolism: This is a sudden blockage in a lung artery, often from a blood clot. If left untreated, this condition can be fatal. Rapid and accurate diagnosis is critical, as symptoms can be mistaken for heart attacks or respiratory issues.
  • Infection: This occurs when a harmful microorganism invades the body (e.g. a virus, bacteria, or a parasite). Since symptoms such as fevers and fatigue can be mistaken for other illnesses, thorough testing, and accurate diagnosis is necessary for proper treatment.

What is the primary cause of a missed diagnosis?

Missed diagnoses can happen for many reasons. They often involve a combination of human error and systemic issues. Hospitals or clinics might be to blame if systemic issues, such as understaffing, poor communication systems, or inadequate training, contribute to diagnostic errors.

The most common causes include:

  • Incomplete or incorrect information: Doctors rely heavily on patient history, symptoms, and test results to make a diagnosis. However, missed information or information entered incorrectly can lead to a misdiagnosis.
  • Cognitive errors: Doctors may fall victim to cognitive biases, such as anchoring (focusing too heavily on the initial information received) or confirmation bias (favoring information that confirms their initial diagnosis).
  • Communication breakdowns: Poor communication between healthcare providers (such as between specialists and primary care doctors) often results in overlooking or misunderstanding important information.
  • Limited time with patients: In many healthcare settings, doctors are under pressure to see a high number of patients in a short amount of time. This can lead to rushed decisions or not spending enough time considering all possible diagnoses.

How do I prove a missed diagnosis in a medical malpractice case?

Proving any kind of diagnostic error in a medical malpractice claim requires you to show the healthcare provider's actions deviated from the accepted standard of care. Here's what you need to demonstrate this:

  • You must first prove that a doctor-patient relationship existed. You can demonstrate this through medical records, appointment histories, and billing information that confirm the healthcare provider agreed to treat you.
  • Next, you need to show that the healthcare provider acted negligently in their diagnosis. This usually involves expert testimony to explain how a competent doctor would not have made the same mistake.
  • You must then demonstrate that the doctor's negligence directly led to harm, due to delays in treatment, worsening of a condition, increased medical expenses, or other damages.
  • Lastly, you must prove that a correct or timely diagnosis would have prevented the harm. Expert witnesses typically outline what the likely outcome would have been with an accurate diagnosis.

Should I get an attorney to handle my medical malpractice claim?

A missed diagnosis can have devastating consequences, leaving you with untreated conditions that could worsen over time. If you or a loved one has experienced a missed diagnosis, take action quickly. Consulting with an experienced medical malpractice attorney can make all the difference in the outcome of your case. The legal team at Kurle Justus, LLC is here to help you seek justice. We have a proven track record of securing settlements and verdicts for our clients, including:

  • $15 million for a victim of a brain injury due to medical malpractice at a major Georgia hospital corporation.
  • $2 million for a victim of a missed diagnosis of necrotizing fasciitis (flesh-eating disease) at a prominent Atlanta hospital corporation.
  • $1.75 million for a victim of misdiagnosis and wrongful death.

If you believe you've been harmed by a missed diagnosis, don’t wait—contact us online or call our Decatur law office to schedule a free consultation. Our compassionate and experienced legal team will listen to your concerns, answer any questions you have, and help you explore your legal options.

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