How To Prove Misdiagnosis In A Medical Malpractice Case

In this article, you can discover…

• How medical misdiagnosis is legally defined
• The evidence needed to prove medical misdiagnosis
• How an attorney can help you file a claim in light of a suspected misdiagnosis

What Is Medical Misdiagnosis?

A misdiagnosis is a medical provider’s failure to diagnose a condition that should have or could have been diagnosed had they followed the standard of care, knowing what they knew at the time. Misdiagnosis can also occur when a healthcare provider fails to do proper tests to find a condition or determine the condition. For example, if a woman’s mammogram shows positive for a lump or a growth and her healthcare provider fails to read the mammogram, that would be an example of medical negligence and failure to diagnose. The sooner a condition is diagnosed and treated, the better the curative outcome for the patient generally is. However, a misdiagnosis causes what is legally called a “loss of chance of a curative outcome” that the patient would have had if the diagnosis had been properly made in time. This loss of opportunity can lead to complications, a worsening illness, or even loss of life.

What Evidence Is Needed To Prove Misdiagnosis?

Evidence for a misdiagnosis is generally taken from your or your loved one’s medical records. These records will show what a healthcare provider did or failed to do in light of the symptoms they were presented with. Medical records can also demonstrate that a doctor failed to run the correct tests and diagnostic studies appropriate for a person’s age during an annual check-up. This failure to run tests could cause a serious condition such as prostate cancer or breast cancer to go unnoticed and untreated.

Attorney Matthew Hale is a determined lawyer serving Washington State. For over 10 years, he’s helped clients just like you preserve evidence and recover damages following a medical misdiagnosis.

Do you suspect that a medical misdiagnosis may have worsened your health? Have questions about your legal rights and options as a patient?
Contact M.R. Hale Law at (206) 206-0213 for a free initial consultation today.

What Are The Legal Procedures For Filing A Misdiagnosis Claim In Washington?

Gathering up medical records is the first step, and it’s important to hire an attorney who can consult with experts to determine if there was negligence. You have three years from the date of the suspected negligence to file a lawsuit. However, it may happen that you may not realize that there was a misdiagnosis and negligence within that time frame. In cases like this, it’s helpful to make use of the State of Washington’s “discovery rule”. This gives you one year from the date of the discovery of the injury or illness to file a lawsuit if there was no way for you to have discovered the medical negligence using reasonable diligence. For example, one case I handled involved a woman with stage four breast cancer. She was shocked to learn of this diagnosis, as a mammogram she had just a few years before showed her breast tissue healthy. What had happened, however, was that her mammogram (which would have shown cancer) was switched with that of a woman without cancer. There was no way for her to have realized in light of this that she had cancer, and she was able to sue for medical misdiagnosis even though her mammogram had been taken several years prior.

What Are Some Of The Common Challenges Faced When Proving Misdiagnosis?

A common challenge arises when a doctor claims that they could not have made a correct diagnosis given the information they had at the time. This is especially true in emergency rooms where the atmosphere and pace are fairly urgent, and doctors and nurses lack a long history with the patient. In some cases, however, there is proof that a doctor was overly hasty in making a diagnosis of something minor in light of symptoms and reported pain levels. Understanding the likelihood of a successful lawsuit under these circumstances takes a careful review of your case. It’s always best to seek seasoned legal advice rather than assume that your case is not worth pursuing. Over the years, I have found that the lawyers who defend medical malpractice cases are some of the most skilled and knowledgeable attorneys that I have met in my professional career. Collaborating with them and gaining their insights during difficult cases has proven very beneficial to myself and to many of my clients. Sharing knowledge and resources can be a huge help and allows us to work as a team, better fund a case, and counter the claims made by the defense once we go to trial. For more information on How To Prove Misdiagnosis In A Medical Malpractice Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.Back to Blog