Misdiagnosis vs. Missed Diagnosis

The doctors who treat you for any illnesses or injuries have a duty to conduct a proper medical diagnosis. Generally, doctors need to discuss your symptoms. Certain symptoms may indicate a specific injury or illness. Doctors should take an oral history, which includes when you first started experiencing discomfort, and what may have started your discomfort, such as an accident. Your doctors will likely also ask about any family history of relatives with the same symptoms or health disorders.

Additionally, doctors should conduct an in-person physical examination that evaluates your physical, sensory, emotional, and cognitive responses. Once your doctor has more information regarding your health condition, they should order specific diagnostic tests to help confirm your specific health issue.

Despite these standard diagnostic steps, errors can still occur.

• A misdiagnosis means that your doctor diagnosed you as having one condition when you actually have another condition.
• A missed diagnosis is a failure to make a diagnosis of your health disorder.

Generally, if a doctor misdiagnoses your condition (for example, diagnoses you with asthma when you have heart disease), the doctor is missing the proper diagnosis AND making the wrong diagnosis.

You may have a medical malpractice claim if:

• There is a doctor/patient relationship. You are a patient of a healthcare provider, or the medical provider had permission to obtain a diagnosis, such as when parents give an ER doctor permission to examine their child.
• The medical provider breaches their duty to provide competent medical care. Competent medical care means meeting the applicable standard of care under similar circumstances. A misdiagnosis or a missed diagnosis can be a breach of the duty if it fails to meet the applicable standard of care.
• The breach of medical care causes harm. For example, a misdiagnosis or a missed diagnosis prevents the proper medical care from being given. Medical care fell below the standard and caused harm.
• You suffered damages due to the breach. Damages can include medical expenses, loss of income, or pain and suffering.

What diagnostic tests should doctors use?

The specific tests and combination of tests differ depending on your symptoms, the oral history, and the physical examination. Common diagnostic tests include:

• Imaging tests. These include X-rays, MRIs, CT scans, ultrasound, and tests that involve swallowing certain substances to see what happens inside your body.
• Bodily fluid tests. These tests include blood tests, urine tests, and tests to examine any fluids around your brain, spine, or joints.
• An endoscopy. An endoscope includes a camera and a light. The endoscope is inserted through an opening in the body (such as a nose, mouth, anus, or urethra). Medical providers can view what’s happening on a monitor.
• Measuring bodily functions. For example, an electrocardiogram (ECG) measures heart activity, and an electroencephalogram (EEG) measures brain activity.
• A biopsy procedure. This test removes a sample of tissue and examines the cells under a microscope. The doctor or medical technician usually looks for abnormal cells.
• Genetic testing. These tests examine a person’s genes, chromosomes, and DNA.

What factors contribute to a misdiagnosis or a missed diagnosis?

Examples of a misdiagnosis are:

• The failure of a doctor or a lab technician to read and interpret the diagnostic tests accurately
• Lack of experience
• The failure to properly distinguish one healthcare condition from another

Examples of a missed diagnosis are:

• The failure to order the correct diagnostic tests
• The failure to monitor a patient
• The failure to properly take and analyze a patient’s current and prior medical history

Why is a misdiagnosis or a missed diagnosis dangerous?

The dangers of a misdiagnosis or a missed diagnosis are that the patient:

• Does not receive the proper treatment for the patient’s health disorder. The delay may prevent the proper treatments from being given because some treatments are time-dependent. For example, delays in recognizing that a patient is having a stroke may prevent clot-busting drugs, such as thrombolytic drugs (such as t-PA), from being given. The delays can cause death or catastrophic health disorders when timely treatment would have meant minimal consequences for the patient.
• Experiences direct harm due to a faulty diagnosis. If there is a misdiagnosis, the patient may suffer harm due to the treatments the doctor prescribes for the wrong health condition. For example, if a doctor wrongly determines that a patient needs an amputation when the limb is repairable, then the removal of the arm is irreversible, causing unbearable physical and mental anguish. Patients may also suffer harm if medications prescribed for the wrong disease have dangerous side effects.
• Endures pain and suffering due to the misdiagnosis or missed diagnosis. Even if proper treatments can still be provided, patients can file a medical malpractice claim due to the expense necessary to obtain a correct diagnosis. This might also include their pain and suffering between the time the proper diagnosis should have been made and when the proper diagnosis was ultimately made.

At Larson Law Injury & Accident Lawyers, we hold hospitals and doctors accountable when a misdiagnosis or a missed diagnosis is fatal or causes serious harm. If you have a medical malpractice claim in Minot, Fargo, or Bismarck, please call us or use our contact form to schedule a free consultation. We handle medical malpractice claims on a contingency fee basis.