Not automatically. Context is extremely important when determining whether a specific act failed to meet the accepted standard of care for a particular medical field.
Malpractice occurs when it can be established that a competent, properly trained doctor in the same position would have made the correct call or pursued the right course of action. Missed diagnoses can sometimes fall into that category if it can be established that another doctor in the same position would have accurately diagnosed the patient, prescribed the appropriate tests or referred the patient to a specialist.
A claimant may not have a valid malpractice claim if a competent doctor in the same scenario would have or feasibly could have made the incorrect diagnosis or the same mistake.
Diagnosing illnesses isn’t always easy. There are thousands of potential ailments that can affect people. Many of those illnesses have similar or overlapping symptoms. Even competent internists and doctors sometimes arrive at the wrong diagnostic conclusion.
However, there are a variety of potential factors that may increase the likelihood of a successful malpractice claim. Examples include situations in which the doctor:
- Didn’t run the proper tests or misinterpreted test results
- Didn’t take the patient’s concerns seriously or downplayed the seriousness of symptoms
- Made the wrong call because they were fatigued or intoxicated
- Failed to follow up on abnormal findings during their exam or on prescribed tests
- Didn’t communicate test results to the patient (or their family, especially for older patients with cognitive difficulties)
- Failed to refer the patient to the proper specialist who could have run imaging or diagnostic tests and provided a more informed opinion
Did you or a loved one suffer a serious injury or ailment that could have been prevented with a timely, correct diagnosis? Do you believe any of the above scenarios apply to your situation? It may be worth your time to discuss your situation with a medical malpractice lawyer.
Examples of Scenarios Where a Missed Diagnosis May Justify a Malpractice Claim
- A patient comes in with severe abdominal pain and the doctor doesn’t order a CT scan that could have identified appendicitis. This could be considered malpractice if the appendix ruptures and the patient becomes seriously ill.
- A doctor overlooks a small tumor on a mammogram and the patient later develops advanced breast cancer that could have been treated effectively in the early stages with far less pain and suffering. It’s not unheard of for missed cancer diagnoses to result in avoidable patient deaths.
- A patient with high blood pressure visits their primary care physician and complains of chest pain and shortness of breath during exertion, but the doctor doesn’t refer the patient to a cardiologist. The patient later has a heart attack that could potentially have been treated or prevented with proper care.
- A doctor dismisses a patient’s chronic fatigue as just stress, but it turns out to be a symptom of a serious condition like heart disease.
- A patient’s tests reveal findings that are not normal but also not definitive. In these cases, it is the doctor’s responsibility to follow up with additional testing or referrals. Failure to do so might lead to a delayed diagnosis.
- A doctor fails to communicate a serious diagnosis to a patient in a timely manner, causing a delay in treatment and subsequent harm.
It’s important to note that every situation is unique, and there may be complicating factors that will make it difficult or impossible to pursue a successful malpractice claim. For example, if you changed your phone number and your doctor was unable to contact you about test results, or they sent you an email and you failed to check it, your doctor might not be liable.
Investigation is often key in these scenarios, as the doctor or hospital’s insurance company will be looking for ways to dispute the validity of your claim. They often do this by suggesting the patient failed to follow instructions, was uncommunicative or wasn’t honest with the doctor during their appointments.
Get Help After Being Injured by an Incorrect or Missed Diagnosis in Houston
Do you suspect you suffered an injury because you received the wrong diagnosis or a late diagnosis? Did you or a loved one require expensive care or experience pain and suffering that could have been avoided had you received the correct diagnosis earlier?
The Houston medical malpractice lawyers at the Weycer Law Firm understand your frustration and are ready to discuss your situation. Call us at (713) 668-4545 for a free case evaluation.