If your attention is to find the answer, ”Can you sue a doctor for wrong diagnosis” This article is particularly written for you.
The wrong diagnosis is named misdiagnosis, and the patients or the family of the patient can sue a doctor for misdiagnosing their injury or illness. Misdiagnosis is a part of the field of law and regulation. In the legal area, it is known as medical malpractice. If a doctor misdiagnoses a patient’s injury or illness due to some purpose, it has elements of a criminal case.
When a doctor misdiagnoses any patient’s illness, they are not doing their duty accurately. They misread and make the wrong guess. Medical malpractice can lead the simple infection into fatal diseases like;
- If the doctor misread the patient’s test, the patient’s condition can be fatal, e.g. mistreating can bring heart attack.
- If doctors delay guessing the correct diseases, it also brings fatal results. For example, a doctor diagnoses a patient’s kidney stone due to symptoms and starts treatment. But later, it reveals that the patient is suffering from appendicitis.
- Misdiagnosis results in a patient’s death. In legal cases, it is known as wrongful death.
You can also report the case to your doctor if he or she fails to give a diagnosis. It is considered the fault of the clinic or hospital management. If a doctor misdiagnoses or fails to make any report or diagnosis, this behaviour eliminates all medicine and health care standards. Such behaviour is distrustful for patients because it can cause fatal injuries or even death.
What happens if a doctor gives the wrong diagnosis?
Many medical cases have been reported for giving wrong and delayed treatment due to the faulted diagnosis. A faulty diagnosis can lead to a minor disease at a complicated level because faulted diagnosis results in bad treatment. If the doctor does not diagnose the patient’s condition, it results in no treatment that leads the patient’s condition to more critical or even death.
When a patient sues a doctor for misdiagnosis, a patient needs to prove the fault of the doctor’s misleading behavior and negligence that leads to his or her disease or injury at a critical level. They must also prove that their injury will not get that much worse if they get the correct treatment. For example, if a cancer patient gets a delayed diagnosis, they also get delay treatment that leads the disease to its complicated level. In some cases, if the doctor diagnoses incorrectly and starts therapy according to the diagnosis, which is opposite to the patient’s actual illness, the patient can feel stress and anxiety. The patient can also sue a doctor for unnecessary and incorrect treatment expenses.
Is it wrong to diagnose malpractice?
We have seen misdiagnosis cases every year that patients suffer without any need. Malpractice includes two kinds of diagnosis, wrong and delayed. The wrong diagnosis is categorized as malpractice in which a doctor does not fulfil the requirements medical standard of care. In many cases, misdiagnosis occurs due to the mistake of a medical professional because;
- He fails to do proper and accurate screening tests for disease and illness.
- The doctor misread the test results of lab reports.
- Sometimes a doctor or medical advisor fails to guide the patients towards specialists of their disease.
- The doctor does not spend proper time asking patients about their illness. And thus unable to address the accurate symptoms.
Misdiagnosis can also be done by the medical lab management team or radiology centres. They can perform a faulty or incorrect test that brings erroneous results. Sometimes they mistakenly deliver test reports of one patient to another.
How do I dispute a doctor’s diagnosis?
If the patient files a case against the doctor’s diagnosis, the law does not put the doctor’s whole responsibility for an incorrect diagnosis. It is the patient who needs to prove the fault of the doctor. A patient needs to prove three basic statements to prevail the wrong diagnosis based on medical malpractice lawsuits.
The three essential things are;
- The relationship between the doctor and patient existed.
- Negligence of doctor. The doctor does not provide better treatment. His behaviour was unskillful and ill-mannered.
- The patient needs to prove that the incorrect treatment of the doctor caused the actual illness.
Most medical malpractice links are on second or third parties or both elements. The patients must prove the doctor’s negligence and harm of that negligence on the patient’s health.
What do I do if I am worse after seeing a doctor?
In an emergency, visit the emergency room. The best thing is to get advice from your attorney. Your attorney will help you with further procedures.
It is your duty to;
- Follow the instructions of your doctor until you get your condition worse.
- If you need some extra medical care, then do not wait.
- If your health condition worsens, do not wait for further mistreatment.
- Do not wait and compromise on your health if your doctor told you.
This situation is known as mitigating damages. If you notice malpractice, you should review your health condition carefully like the doctor. It will help you to predict if the doctor is committing fraud and giving you incorrect treatment for some purpose.
When you file a report against the doctor for his negligence, you can bring the illness as a part of a trial to prove the doctor’s negligence. But if the injury or illness gets worse or brings any new injury while waiting for trial or after reporting the case, it will not be included in the practice.
Every patient who faces misdiagnosis has a different reason behind this issue. It can be by chance of a doctor. Maybe the doctor shows negligence or rude behaviour. It is not an essential matter that what was the reason behind it. The most important thing is that you are getting better. If you are not getting the correct treatment, it will worsen your health and life. We advise you to take your attorney with you for a better medical experience. It is the best thing to have an attorney while reporting a case against the doctor. In this regard our article ‘can you sue a doctor for wrong diagnosis’ will help you to fight better and avoid problems.