Wrongful Diagnosis

Medical errors are among the leading cause of death in the United States and account for nearly 98,000 deaths each year. Mistakes made by doctors result in medical malpractice when a physician fails to exercise the common law duty of care, skill and prudence necessary to prevent patient injury.  In some cases, a patient may be guilty of a fabricated illness, which is also known as Munchausen syndrome.  This is a psychiatric disorder that causes an individual to self-inflict injury or illness in order to receive medical care or hospitalization.

Wrongful Diagnosis and Medical Malpractice

There are more than 20,000 human diseases and most doctors only know the most common.  Since the doctor has to make a constructive diagnosis, it is certainly possible to make the wrong diagnosis or prescribe wrongful treatment.  Often times, doctors don’t share information about test results.  A patient may have several doctors who are responsible for treating their condition, but their inability to communicate may lead to wrongful treatment.

Forms of Wrongful Diagnosis

Some of the most common diseases that are frequently misdiagnosed include:

• Cancer—Breast, Ovarian, Testicular, Cervical, Colon and Lung Cancer are the most misdiagnosed illnesses according to a recent Hardy study of malpractice claims in the United States.
• Heart Attack—Sometimes the only signs of a heart attack are a sense of fullness in the chest, nausea and a general sense of not feeling well. 

How Lawyers Can Help

Most states have laws that guide attorneys on how to handle medical malpractice cases.  However, these laws vary in each state and in some cases, a special panel may be appointed to investigate the situation.  For a patient to succeed with a claim, they must be able to show that the care they received was substandard, or that the results of the treatment were poor and that the medical professional’s poor performance caused the unsatisfactory result.  Therefore, it is imperative to seek professional legal assistance.