When Does Misdiagnosis Become Medical Malpractice?

There are two basic reasons for seeing a doctor. You’re either getting a wellness check or dealing with a particular ailment you need help with. In either case, you depend on your doctor to tell you what is going on.

Many issues can be diagnosed in the same exam. Perhaps your doctor will write a prescription or recommend another type of “over-the-counter” treatment. You may also need further diagnostic tests. These can include X-rays, blood work, or a recommendation to see a specialist.

On some level, the more tests you take to narrow down what is happening, the better it is for your health. You want your doctor to have all the available information to make a correct diagnosis.

Worst-case scenario: Your doctor gets the diagnosis wrong. Does that automatically mean you have an actionable cause for a medical malpractice lawsuit? That depends on the circumstances, but it is worth considering.

Common Types of Diagnostic Errors in Healthcare

According to patient safety data, vascular events, infections, and cancers account for the most serious types of medical misdiagnosis harm.  These are the core categories of diagnostic errors:

• Delayed diagnosis: The correct condition may eventually be identified, but the delay prevents timely treatment. This delay can lead to complications.
• Missed diagnosis: If your condition goes entirely unrecognized, it can lead to an escalation of your condition.
• Incorrect diagnosis: If your doctor gives you the wrong diagnosis, it can lead to unnecessary or harmful treatments.

How does a misdiagnosis happen? Sometimes a doctor will engage in “premature closure.”

That means they stop the diagnostic process too soon after making an initial decision. Testing errors can also occur, such as ordering the wrong diagnostic panel or misinterpreting imaging and pathology results. These issues can delay the accurate care a patient needs.

When a Misdiagnosis Does Not Qualify as Malpractice

A diagnostic mistake only qualifies as medical malpractice when it involves actionable negligence. Although decades of research support the diagnosis of every medical condition, medicine is not an exact science.

As such, the law doesn’t legally require doctors to be perfect. However, it does require a doctor to be reasonably competent.

These are the scenarios where a misdiagnosis does not qualify as malpractice:

The Standard of Care Was Met

A doctor can arrive at the wrong conclusion but avoid liability if they acted as a reasonably prudent physician would under similar circumstances. For instance, if the doctor requested complete medical histories, ordered appropriate tests, and appropriately evaluated the symptoms, it would not be considered malpractice.

A patient could also present with a rare, highly unusual disease with misleading symptoms that could confuse a competent specialist. If the initial medical evidence pointed point-blank to a different, more common illness, it would not be considered malpractice.

The Misdiagnosis Caused No Harm

To prove negligence, you need to establish a direct link between the negligent act and your harm. Without that causation, you don’t have a claim. For instance, if the correct diagnosis would not have changed your treatment plan or the illness’s ultimate progression, there would be no cause. This would also apply if the underlying condition were terminal, and a perfect diagnosis would have yielded the same medical result.

Of course, if the wrong diagnosis were caught early and corrected almost immediately without any additional physical pain, medical bills, or long-term complications, there would be no cause of action.

Patient Non-Compliance or Contribution

A patient can contribute to a misdiagnosis, which may absolve the doctor. For example, if a patient fails to disclose critical health facts, existing symptoms, or family medical traits that could have affected the diagnosis, the doctor should not be held accountable. The same applies if the patient does not attend prescribed follow-up appointments or refuses to take ordered blood tests. These can complicate the diagnostic process, which would be the doctor’s fault.

Equipment or Lab Errors Beyond the Doctor’s Control

If a doctor relies on data that was corrupted by an external source, the fault may not lie with them. For example, if a doctor made a diagnostic assessment based entirely on mislabeled or faulty laboratory work done by a third party, they would not be liable. The same applies if diagnostic equipment failed or produced false readings despite being operated correctly.

How an Experienced Malpractice Attorney Can Help

If you suspect that a doctor’s misdiagnosis has caused you harm, you need to understand your options. You might be dealing with a situation where there was no causation.

On the other hand, there could be an instance of negligence that caused you to suffer.

The only way to understand the merits of your case is to speak with an experienced malpractice attorney.

The legal team at Casey & Devoti has helped many Missouri residents file medical malpractice claims. These complaints are extremely complex and require independent medical professionals to assess what went wrong with your care.

Because of our past experience, we have cultivated a network of medical professionals who can properly analyze medical records to determine where your case stands.

Reach out to our office to schedule a free initial consultation to discuss what happened and why you might think you’re dealing with a medical misdiagnosis. Getting the right answers can help you decide what should happen next.