What Is Medical Misdiagnosis?

Medical malpractice is a frightening possibility for patients in Texas. Medical malpractice refers to the negligence of a professional in the health care industry, resulting in harm or the wrongful death of a patient. Although the law does not expect a doctor to be perfect, it does expect him or her to uphold the medical industry’s standards of patient care. Any breach of these standards, such as the negligent misdiagnosis of a patient, is malpractice. If malpractice harms a patient, the victim could have grounds for a lawsuit against the physician or hospital for damages.

How Might Misdiagnosis Happen?

Medical misdiagnosis is a doctor’s failure to correctly diagnose a patient’s injury, illness or medical condition. While a doctor does not have to make correct diagnoses 100% of the time, he or she does have to diagnose patients with the good faith belief that he or she is correct, after following the accepted practices for diagnosing someone. First, a physician should perform a physical exam of the patient and listen to his or her complaints, including asking about symptoms. Then, the physician should make a list of all possible diagnoses from most probable to least probable.

Next, the doctor should use the process of eliminations to narrow down the list. The doctor should order additional screens, tests, scans and x-rays to eliminate options until he or she has properly diagnosed the condition. The doctor may also need to refer the patient to a specialist. A doctor could make a misdiagnosis for many reasons. The doctor may have been negligent in following the standards of care in making a diagnosis, or the doctor might be missing information. The circumstances of the misdiagnosis will determine if and when the patient could file a malpractice claim.

When Is Misdiagnosis Malpractice?

The general rule is that if a reasonable and prudent physician with a patient presenting the same symptoms would have made the correct diagnosis, the doctor in question is most likely guilty of medical malpractice. If a reasonable doctor would have correctly identified the condition, the presiding physician must have been negligent or careless in some way to have come to a misdiagnosis. Misdiagnosis is medical malpractice if the physician failed to fulfill the medical standard of care under the circumstances, resulting in diagnosing the wrong condition, unreasonably delaying the diagnosis or failing to make a diagnosis at all.

It is important to realize that a negative patient outcome does not automatically mean malpractice. Unfortunately, some patients can suffer poor outcomes even when a physician makes a correct and prompt diagnosis. Whether malpractice has occurred depends on if the physician breached a duty of care to the patient during diagnosis. A breach of duty, either negligent or intentional, is necessary to fulfill the burden of proof for a medical malpractice claim in Texas. The victim will need proof of malpractice, such as testimony from medical experts in the same field of medicine, to obtain compensation for medical misdiagnosis.

Common Misdiagnoses

A negligent or wanton physician could misdiagnose virtually any condition, but certain misdiagnoses can be more harmful to patients than others. Misdiagnosing a fast-moving illness such as cancer, for example, could cost the patient precious time that leads to a worsened prognosis for survival. Most medical malpractice cases based on a misdiagnosis involve potentially deadly conditions.

• Cancer
• Heart attack
• Stroke
• Asthma
• Fibromyalgia
• Lyme disease
• Multiple sclerosis
• Lupus

Medical misdiagnosis can happen in an emergency room or a doctor’s office. The identity of the at-fault party will determine who the injured patient may name as the defendant in a malpractice claim. If the physician was an independent contractor, he or she may be individually liable. If the doctor was an employee, however, the larger medical facility could be vicariously liable. Patients who believe they suffered medical misdiagnoses should speak to attorneys about their options.