Discovering that you are very ill is bad enough. It is worse, however, when you learn that your illness is worse than it had to be due to a wrong diagnosis on the part of your doctor. Many people find it difficult to contradict or even strongly question their doctors. This is perfectly understandable, considering that doctors have years of education and experience and just sitting in the physician’s office can be very intimidating. Some doctors are also not very welcoming of questions or criticisms. However, patients need to understand that medical professionals are not always right and it is important to ask questions. A wrong diagnosis can be devastating. Illnesses such as cancer can become worse or even untreatable. Problems that might have been prevented can become serious or deadly. Incorrect medication with serious side effects might be prescribed. If you received the wrong diagnosis, and as a result, suffered serious harm, you may be able to file a medical malpractice case to obtain compensation for your injuries. Contact our Philadelphia wrong diagnosis lawyers, today, to discuss what happened to you.
How Do Wrong Diagnoses Happen?
When a patient is misdiagnosed, any treatment that follows will not address the real condition or can make their actual condition even worse. Considering what a serious mistake this is, many people wonder how it could ever happen. The truth is that diagnosis is still a developing science. Even a dedicated and highly intelligent doctor can be misled by certain things, such as:
- A rare illness. If a doctor is not well informed about a certain condition, it will be very hard for him or her to diagnose it.
- Bias towards a certain diagnosis. Specialists tend to see the illness they know best almost everywhere.
- Media influence. Sometimes a certain disease will receive a lot of coverage in the news. This can influence doctors, making them more likely to see it, even when it is not present.
- Failure to order the correct tests. Sometimes doctors simply fail to order the tests they should and become convinced of a specific diagnosis. This can also come from bias.
- Reading tests improperly. A doctor may order the correct tests, but he or a radiologist or other technician may misread the results. This is a common cause of delayed diagnosis as well.
- Patient gives an incomplete history. Patients must give their doctors a complete history. Even a small item can impact whether you will receive the right diagnosis.
When a wrong diagnosis causes you to become sicker or your condition worsens, you should reach out to a Philadelphia lawyer.
Results We’ve Obtained for Injured Patients
The Philadelphia wrong diagnosis lawyers at Lowenthal & Abrams, Injury Attorneys have decades of experience handling medical malpractice claims and have obtained substantial verdicts and settlements for our clients. Below are some of our notable medical malpractice case results:
| $15 Million
Surgery-Sepsis |
$11 Million
Birth Injury Case – Baby Seriously Injured |
$4.8 Million
Medical Malpractice – Wrongful Death Case |
| $3.75 Million
Medical Negligence – Negligent Administration of Heparin |
$2.4 Million
Medical Malpractice – Improper Blood Screening |
$2.4 Million
Surgical Error – Damaged Sympathetic Nervous System |
| $1 Million
Failure to Diagnose – Breast Cancer |
$1.6 Million
Pediatric Failure to Diagnose – Diabetes |
$1.5 Million
Failure to Diagnose – Breast Cancer |
| $1.4 Million
Birth Injury to Mother – Wrong Medication |
$1.2 Million
Failure to Diagnose – Deep Vein Thrombosis (DVT) |
$1.2 Million
Failure to Diagnose – Esophageal Cancer |
How Do Misdiagnosis Lawsuits Work?
If a misdiagnosis causes a patient medical harm, he or she may have grounds for a medical malpractice suit. In order to win compensation for injuries suffered, he or she must be able to demonstrate that:
- He or she is injured
- The injury is the result of a wrong diagnosis
- The doctor acted unreasonably or negligently when making that diagnosis.
Proving all of these things, especially the last, to a judge or jury can be very difficult. An experienced Philadelphia misdiagnosis lawyer can simplify the process for you while increasing your chances of obtaining the compensation you deserve.
Call a Philadelphia Wrong Diagnosis Attorney for Assistance
The Philadelphia wrong diagnosis lawyers at Lowenthal & Abrams, Injury Attorneys have decades of experience in medical malpractice cases. We have obtained substantial verdicts and settlements for our clients. and are ready to help if you’ve been wrongfully injured due to an incorrect diagnosis. Contact us today.
Frequently Asked Questions (FAQs)
1. What is considered a wrong diagnosis in a medical malpractice case?
A wrong diagnosis generally means a doctor identifies the wrong condition or misses the correct condition. This can include misdiagnosis, delayed diagnosis, or a failure to diagnose, especially when it leads to improper treatment, a worsening condition, or a lost chance at a better outcome.
2. What is the difference between misdiagnosis and delayed diagnosis?
Misdiagnosis is when the provider diagnoses the wrong illness. Delayed diagnosis is when the correct illness is eventually identified, but only after time has passed and the delay contributes to harm, such as disease progression or fewer treatment options.
3. Can a wrong diagnosis be malpractice if the doctor “made an honest mistake”?
A diagnosis can still be malpractice if the doctor’s actions fell below the accepted standard of care. The issue is not whether the mistake was intentional, but whether a reasonably careful provider would likely have made the same decision under similar circumstances.
4. How do you prove a wrong diagnosis caused harm?
A claim typically needs to show that the wrong or delayed diagnosis led to a worse outcome than would have occurred with timely, appropriate care. This often involves medical records and expert review to connect the diagnostic error to the injury, complications, or progression of the condition.
5. What kinds of conditions are commonly involved in wrong diagnosis claims?
Wrong diagnosis claims often involve serious conditions where time matters, such as cancer, heart attack, stroke, infections, blood clots, internal bleeding, and certain neurological conditions. The specific condition matters less than the harm caused by the diagnostic error.
6. What records can help support a wrong diagnosis case?
Helpful records may include office visit notes, hospital charts, lab results, imaging reports, referral records, discharge papers, and pharmacy records. A timeline of symptoms and follow-up visits can also help show when warning signs appeared and how they were handled.
7. Who can be responsible for a wrong diagnosis?
Depending on the situation, responsibility could involve a primary care doctor, emergency room physician, specialist, radiologist, hospital, urgent care facility, or other providers involved in testing, reading results, or follow-up care.
8. What damages are available in a wrong diagnosis lawsuit?
Damages can include medical bills, future treatment costs, lost wages, reduced earning capacity, and non-economic damages like pain and suffering. In wrongful death situations, additional damages may be available to eligible family members.
9. How long do I have to file a wrong diagnosis claim in Pennsylvania?
Many Pennsylvania medical malpractice cases follow a two-year deadline, though the timing can depend on when the injury was discovered or reasonably should have been discovered. Because deadlines can be strict and fact-specific, it’s important to speak with a lawyer promptly.
10. What should I do if I think I was misdiagnosed?
Seek medical care right away and get a second opinion if needed. Request copies of your medical records, keep track of symptoms and appointments, save bills and paperwork, and consider speaking with a medical malpractice attorney to understand your legal options and important deadlines.