What happens when a doctor makes a misdiagnosis?
Even highly experienced and competent doctors make diagnostic errors. Instead, the misdiagnosis or failure to diagnose must result in improper medical care, delayed treatment, or no treatment, which in turn must result in a worsening of the patient’s medical condition in order for the malpractice to be actionable.
Can a medical malpractice lawsuit be based on a mistake in diagnosis?
That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit. Read on to learn what a patient must prove in a medical malpractice lawsuit based on misdiagnosis, the different types of diagnostic errors, and why misdiagnosis is more common in emergency room settings.
Are there any errors in your medical records?
What jumped out at me among the many comments left by readers was just how many people found glaring errors in their medical records. Their doctors, in some cases, included notes that in no way resembled their medical situation or the events patients recall having taken place in the exam room.
Can a hospital be held liable for a misdiagnosis?
If the hospital staff makes a mistake, the hospital can be held directly liable. Causation can be the most challenging element for plaintiffs to prove in a failure to diagnose cases. A plaintiff must prove that the misdiagnosis caused the injury to worsen more than it would have had a correct diagnosis been made.
Can a patient prove harm from a misdiagnosis?
In the rare case that a doctor diagnoses a patient with a condition or illness that the patient does not have, the patient may also be able to prove harm in the form of anxiety, stress, medical problems, and expenses due to unnecessary treatment.
What happens when a doctor makes a wrong diagnosis?
When a doctor’s diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient’s condition can be made much worse, and they may even die. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.
What happens if you don’t correct a medical record?
Failure to do so will result in the wrong information being copied into future medical records or an inability for your medical team to contact you if needed. Any inaccurate information about your symptoms, diagnosis, or treatment should be corrected.
What kind of errors can you find in medical records?
Once you have your medical records, you can review them. If you see any inaccuracies, you can determine whether they are important and require an amendment. Types of errors can include: Typographical spelling errors may or may not require correction.