Tag Archive for: misdiagnosed

Doctor and patient

Medical malpractice laws exist to guarantee that patients receive competent and sufficient care. Physicians are charged with making assessments of the physical health of their patients, developing a treatment plan that works based on an accurate diagnosis, and executing that plan to provide the best possible outcome for the patient. We all expect the best from our physicians, but like any other vocation, there are times where a professional may make a mistake. In this case, they can range from surgical errors to misdiagnosing or not timely diagnosing a serious illness. These mistakes can be the difference between life and death. It is important that anyone that may have a potential claim understands what they can do after they discover a misdiagnosis. See our recommendations for handling a medical malpractice case below.

Errors in diagnosing illnesses are a large percentage of medical malpractice cases. There are three basic elements that have to exist for a claim for misdiagnosis:

  • A doctor-patient relationship at the time that there was a misdiagnosis
  • The was harm suffered because of the misdiagnosis
  • The physician’s misdiagnosis was negligent

If a physician meets with a patient and provides treatment, it is generally understood that there is a doctor-patient relationship. The establishment of that relationship requires that the physician provide sufficient care to the patient. This duty of care, as it is commonly called, requires that a physician reasonably diagnose potential health issues and inform their patients accordingly. 

If a physician fails to diagnose their patient properly or fails to provide the proper care that any other reasonably competent doctor would have provided under similar circumstances, they have likely committed malpractice. To prove negligence, the testimony of an expert will likely be required. Plaintiffs attorneys work with these experts to determine what a reasonably competent doctor would have done under the circumstances. An expert may also use the differential diagnosis standard. This is a systematic way of identifying different conditions or diseases in a patient. Further, they may offer their opinions on the process that they would have used to come to either a different or timely diagnosis for the patient.

To prove the damages in a misdiagnosis case, the patient has to prove that the negligence or the failure to properly diagnose caused foreseeable harm. The patient has to prove that another doctor, under similar circumstances, would not have made the same error. This can be proved by showing that a physician did not perform the necessary tests to come to the correct conclusion or they did not seek the appropriate opinions from other specialists to come to the proper diagnosis. 

Misdiagnosis is not limited to testing and observation in a clinical setting. Physicians often misdiagnose their patients in emergency room situations. Given the pressure and often scattered environment of an emergency room, physicians can misdiagnose what is causing distress for the patient. It is not uncommon for individuals to come into emergency rooms with lesser-known symptoms of cardiac distress and be diagnosed with indigestion or heartburn. This misdiagnosis can lead to catastrophic results. 

Let Gingras, Thomsen & Wachs Help You Through Your Medical Malpractice Case

While misdiagnosis cases are complex and difficult to prove, it is essential that you have an Medical Malpractice Attorneys assess your case and determine whether or not your physician could be at fault for damages in your case. Call the offices of Gingras, Thomsen & Wachs to have your case assessed today. 

Misdiagnosed

We count on doctors to provide us with correct and timely medical opinions. Their extensive training and experience should prepare them to determine what a variety of symptoms mean for you. When they aren’t sure about what kind of condition you may have, they should take the time to research your symptoms and give you a correct diagnosis. However, doctors don’t always get it right—and they may not take the time to research, or they may not want to second-guess themselves. So, what do you do when your doctor gets it wrong? You may have legal options.

What is Misdiagnosis?

Misdiagnosis occurs when a doctor or other medical professional tells you that you have a medical condition that you really do not have or fails to identify a medical condition at all. The doctor ends up treating you for the wrong medical condition, or not treating you at all. Meanwhile, your actual problem goes unaddressed and may end up causing even more harm or damage because it continues without treatment. It can even lead to death. In some cases, the treatment that you are provided for the wrong condition can also cause damage.

When Does Misdiagnosis Turn into Medical Malpractice?

When you are misdiagnosed, it can lead to grounds for a medical malpractice lawsuit. However, not all misdiagnoses trigger the right to take legal action. You must meet certain conditions to move forward with a legal case. The medical malpractice attorneys at Gingras, Thomsen & Wachs, LLP can walk you through these requirements. However, you can use this general checklist to get you started.

  1. There was a doctor-patient relationship (or relationship with another medical professional);
  2. The medical professional provided care that fell below the standard of care for the medical profession; and
  3. The doctor’s carelessness caused injuries to you.

How Do I Prove That the Standard of Care Was Breached?

Medical malpractice cases require expert testimony. Only a medically trained expert will be able to tell you if your doctor acted in a way that a reasonable medical professional in a similar situation would have done.

Having a misdiagnosis alone is sometimes not enough to show that medical malpractice occurred. Even highly trained doctors who are doing everything they should will occasionally misdiagnose a condition or disease.  However, doctors should go through a particular process to determine what your condition may be. Essentially, this process involves eliminating potential conditions based on your symptoms instead of starting with a probable diagnosis. When they don’t use this process, errors can result.

Contact Gingras, Thomsen & Wachs, LLP

The best way to determine whether you have a medical malpractice case is to talk to our team at Gingras, Thomsen & Wachs, LLP. We can walk you through your options. If you think you have been misdiagnosed, but you aren’t sure, we can also help you find a doctor to provide a second opinion to get you the treatment you need. Our team cares and we are here to help you through this confusing time.

Facebook-circled Facebook-circled
Linkedin-circled Linkedin-circled
Instagram Instagram
Youtube-play Youtube-play
Rss Rss
101 Putnam St
P.O. Box 390

Eau Claire, WI 54703

8150 Excelsior
Drive

Madison, WI 53717

219 N Milwaukee St
Suite 520

Milwaukee, WI 53202

Nationally Recognized Law Firm

Super Lawyers - profiles.superlawyers.com