By As Law Online 
Misdiagnosis is arguably one of the most dangerous medical mistakes a patient can experience.
But sadly, it’s also very common.
Every year hundreds of thousands of patients are misdiagnosed which can lead to unnecessary procedures, delayed treatment, and life-altering consequences.
That’s why its so important to know how to prove negligence.
Proving that your doctor was actually negligent isn’t easy.
You need evidence, legal guidance, and an understanding of how these cases work.
Luckily you’re about to learn all that and more.
Here’s what you’ll pick up:
- What Qualifies as Medical Negligence in a Misdiagnosis Case?
- Four Elements You Need to Prove
- Types of Misdiagnosis Mistakes
- How to Build Your Negligence Case
- Why You Need a Lawyer to Help
What Qualifies as Medical Negligence in a Misdiagnosis?
First things first.
Not every incorrect diagnosis will be considered negligence.
Doctors are people too. Sometimes they make mistakes.
But there’s a big difference between a simple error and reckless disregard for a patient’s well-being.
Medical negligence occurs when a healthcare provider departs from how ANY competent doctor would act under the same circumstances.
Failed to order crucial tests, missed obvious symptoms, didn’t listen to patient history… these things happen when doctors aren’t thorough.
Any serious negative health impact caused by the wrong diagnosis should be looked at by a skilled attorney.
If you or a loved one suffered because of a doctor’s negligence, don’t hesitate to hire misdiagnosis lawyers who can guide you through the process of seeking wrongful diagnosis legal representation.
With the right attorney by your side, you’ll have a chance at taking on powerful hospitals and insurance companies.
Here’s a scary stat…
According to research conducted by UCSF, misdiagnosis or delayed diagnosis occurred in almost 23% of seriously ill hospitalized patients.
Yikes.
Four Elements You Need to Prove
To build your medical negligence case you’ll need to prove four things. If you fail to prove one, you might not win your case.
Let’s take a look.
1. Existence of a Doctor-Patient Relationship
This should be the easiest thing to prove.
If the doctor saw you, advised you, and/or treated you in any way… then there existed a doctor-patient relationship.
This legal relationship gives your patient the right to expect a certain standard of care.
2. Doctor Breached Standard of Care
Time to get into the juicy details.
In order to prove negligence, you need to show that the doctor didn’t provide you with the level of care that any other competent doctor would have provided.
Say you went to the doctor with typical stroke symptoms.
If they immediately diagnosed you with a migraine without performing tests to rule out a stroke, they failed to provide proper care.
3. Breach Caused Injury
Just because you were misdiagnosed doesn’t mean the doctor will be found negligent.
You must prove that the doctor’s breach of the standard of care CAUSED you injury.
For example, maybe your condition worsened due to a delay in treatment. Maybe you suffered an injury because the doctor thought you needed surgery.
This misconnection of cause will destroy your case.
4. Existence of Damages
Lastly, you (the patient) must prove that you suffered damages as a result of the misdiagnosis.
This can include:
- Medical bills
- Lost wages
- Pain and suffering
- Diminished quality of life
- ANYTHING else you suffered due to the negligence
Pro tip: Injury attorneys understand how to calculate these damages and will fight to maximize your settlement.
Types of Misdiagnosis Mistakes
Misdiagnosis can happen in many ways.
Patients should be aware of the following mistakes to determine if medical negligence occurred.
The most common misdiagnosis errors include:
- Missed Diagnosis: Doctor told the patient that they were healthy when they weren’t.
- Wrong Diagnosis: Doctor gave the patient the wrong illness.
- Delayed Diagnosis: Doctor eventually gave the correct diagnosis, but not in time.
Here’s an interesting stat…
According to NBC News, medical mistakes are the likely culprit for around 795,000 Americans who die or become disabled every year.
Someone’s life could be at stake…
Knowing the most common illnesses that are misdiagnosed can help you better understand your situation:
- Stroke
- Heart Attack
- Cancer
- Kidney Disease
- Appendicitis
- Pulmonary Embolism
- Infections
How To Build Your Negligence Case
As mentioned earlier… building your medical negligence case isn’t easy.
Patients who suspect they’ve been misdiagnosed should take immediate action.
Here are a few things you can do to protect yourself and help prove negligence:
Get All Your Medical Records
Grab every medical record you have.
Doctors visits, referral letters, prescriptions, test results… you name it.
Medical records are literally a chronological timeline of doctors messing up.
Second Opinion
Ask another doctor to review your symptoms and provide their professional opinion.
If they believe YOU were misdiagnosed, then you now have proof that the original diagnosis was a breach of care.
Document Everything
Write down everything you can remember.
Symptoms you had, treatments prescribed, conversations with the doctor and how your life has been affected due to the negligence.
Time is Your Enemy…
Ohio, like many other states, has a statute of limitations on medical malpractice claims.
Simply put: If you don’t file a claim within a certain period of time, you lose your ability to file one at all.
Why You Need A Lawyer To Help
Medical malpractice cases are tough.
Not only are you going against experienced lawyers, but you’re taking on wealthy hospitals and insurance companies.
You NEED a law firm on your side that knows how to:
- Identify the facts needed to prove negligence.
- Work with medical professionals.
- Understand every aspect of medical malpractice law.
- Negotiate fair settlements.
- Go to court and fight for what you deserve.
Most patients don’t realize how strong or weak their case is until they speak with a lawyer.
And if that lawyer is specialized in medical malpractice like Real Tough Lawyers… then you already have the upper hand.
Plus, many injury attorneys offer free consultations so there’s absolutely no risk in calling around.
The Bottom Line
Just because you received the wrong diagnosis doesn’t mean you can sue your doctor.
In order to prove negligence four things must be established:
- Existence of a doctor-patient relationship
- Doctor breached the standard of care
- Injury was caused by breach of said care
- Injury caused damages
Did you know…
Misdiagnosis affects hundreds of thousands of patients every year. Unfortunately some people aren’t strong enough to fight these negligent doctors on their own.
Seek evidence, a second opinion, and contact a skilled attorney. It’s your best shot at taking on big insurance companies.