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Can You Sue a Doctor for Misdiagnosis?

Medical Malpractice

When a doctor’s diagnosis is wrong, the results can be devastating. A surprising 12 million Americans experience diagnostic errors each year. Unfortunately, these mistakes can result in severe injury, worsened conditions, and even death. If you’re wondering if you can sue a doctor for misdiagnosis, keep reading to learn more.

Every physician owes patients a reasonable standard of medical care. If a physician fails to perform at the medically accepted standard of care and a patient suffers as a result, the patient may have the right to file a malpractice claim against the negligent medical provider.

If your healthcare professional failed to take appropriate steps during the diagnostic process or didn’t make a reasonable diagnosis based on the evidence, they may have committed malpractice. To learn whether you can sue your physician for those mistakes, speak with an experienced medical malpractice lawyer.

At Hill & Associates, we will fight to ensure that your story is heard and that you receive the compensation you deserve. If you suspect that a misdiagnosis has upended your life, call us today at (215) 567-7600.

WHAT CONSTITUTES A MISDIAGNOSIS?

Most cases of misdiagnosis malpractice do not involve malicious and greedy physicians. They usually involve inadequately trained, overworked, or careless professionals. When a physician fails to order the appropriate test or track down the possible illnesses associated with a set of symptoms, they may miss a diagnosis another physician would see.

The term “misdiagnosis” encompasses several specific errors:

Failure to Diagnose: When a doctor entirely misses a health condition, leaving it untreated, this can lead to worsening symptoms, unnecessary suffering, or even preventable death.
Incorrect Diagnosis: When a doctor inaccurately diagnoses a condition, patients may receive the wrong treatment or undergo unnecessary procedures, which may aggravate their actual condition.
Delayed Diagnosis: Time-sensitive conditions, such as heart attacks or certain cancers, require prompt and accurate diagnoses. A delay in recognizing these illnesses may severely impact a patient’s health and recovery.

In practice, misdiagnoses can happen due to any number of mistakes, including:

Failure to test for reasonable medical conditions based on the evidence in a patient’s symptom profile.
Failure to refer patients to specialists when they cannot produce a medically viable diagnosis.
Failure to ask patients reasonable questions surrounding a set of symptoms
Failure to interpret lab results per medical standards.
Leaving diagnostic procedures and interpretations in the hands of unqualified professionals.
Failure to communicate appropriately with patients, clinicians, and other medical professionals.
Failure to order appropriate tests.

COMMONLY MISDIAGNOSED ILLNESSES

Some medical conditions increase the risk of misdiagnosis. The symptoms of these conditions may overlap with other illnesses, increasing the difficulty of diagnosis:

Sleep apnea. Some physicians may diagnose this oxygen-related sleep disorder as depression. Around 73% of sleep apnea sufferers also experience depression symptoms due to the condition.
Lyme disease. This disease frequently affects people who live in the Northeast and can manifest as many other conditions, including fibromyalgia, arthritis, and chronic fatigue syndrome.
Lupus. A disease that causes severe inflammation, it is often misdiagnosed, along with other auto-immune diseases. Because symptoms present as chronic fatigue syndrome or fibromyalgia, doctors may assume a patient’s condition is less serious than it actually is.
Bladder cancer. Bladder cancer is a fairly common type of cancer, but its initial symptoms can look like a simple infection, often diagnosed as a urinary tract infection.
Infections. Infections are among the most underdiagnosed issues, and they can result from various causes, including a virus that creates a bacterial infection or a post-operative wound that becomes infected.

The alarming results of a Johns Hopkins patient safety study revealed that as many as 250,000 patient deaths every year are caused by medical errors. The figure suggests errors kill more individuals than respiratory disease. The consequences of misdiagnosis can devastate both a patient’s life and their family’s well-being. Patients may experience not only prolonged pain and distress but also significant financial hardship from medical bills, lost work, and even the need for long-term care.

LEGAL REQUIREMENTS TO SUE A DOCTOR FOR MISDIAGNOSIS IN PENNSYLVANIA

Every state sets a filing deadline for personal injury lawsuits, including medical malpractice cases involving misdiagnoses. Specifically, for patients injured by malpractice in our state, Pennsylvania Code Title 42, Section 5524 sets a two-year window of opportunity for an injured patient to file a lawsuit against a medical professional.

In Pennsylvania, all medical professionals must adhere to a medical standard of care. This is defined by what is reasonable and expected in their field of practice and geographic area. Specifically, under the Professional Liability Actions section of the Pennsylvania Code, claimants in medical malpractice cases must demonstrate that another doctor in the same field would likely have made the correct diagnosis under similar circumstances. To do that, claimants must present a compelling case that satisfies the following legal requirements:

The Four Elements of a Misdiagnosis Claim

To prove a medical malpractice claim for misdiagnosis, Pennsylvania law mandates that the following four elements be clearly demonstrated:

Duty of Care: The doctor owed a duty of care to the patient. This is often straightforward, as a formal doctor-patient relationship typically establishes this duty. When you consult a physician for diagnosis or treatment, the law recognizes that the doctor has a responsibility to provide an appropriate level of care.
Breach of Duty: The doctor breached this duty by failing to meet the standard of care expected in the medical community. This could involve missing obvious symptoms, overlooking critical test results, or not ordering necessary diagnostic procedures. To prove a breach, the plaintiff must show that another competent doctor, under similar circumstances, would have correctly identified the condition.
Causation: The misdiagnosis directly caused harm. Pennsylvania courts require a clear connection between the misdiagnosis and the patient’s harm to prevent frivolous claims.
Damages: The patient suffered actual damages due to the misdiagnosis. These can include medical bills, lost wages, emotional suffering, and, in severe cases, long-term health complications. Without evidence of tangible harm, a claim will not proceed.

Pennsylvania’s Certificate of Merit Requirement

Pennsylvania law requires that plaintiffs in medical malpractice cases, including misdiagnosis claims, obtain a certificate of merit. This certificate confirms that a qualified medical professional has reviewed the case and believes that the claim has merit. State requirements set forth:

Who Issues the Certificate: Only a licensed healthcare professional with knowledge relevant to the case can provide a certificate of merit, attesting that the standard of care was likely breached.
When It Must Be Filed: According to Pennsylvania Rule of Civil Procedure 1042.3, the certificate must be filed within 60 days of filing the lawsuit. This requirement aims to filter out baseless claims by ensuring that legitimate medical opinions back each case.

If the certificate is not filed on time, the court may dismiss the case.

TYPES OF LEGAL DAMAGES AVAILABLE IN MISDIAGNOSIS CASES

Economic Damages

Economic damages, or compensatory damages, are intended to cover the quantifiable financial costs resulting from a misdiagnosis. These damages help alleviate the immediate and ongoing expenses related to the diagnostic error.

Medical Expenses: Reimbursement for all related medical bills, including hospital stays, surgeries, diagnostic tests, and any rehabilitation or follow-up care. If additional treatments or corrective procedures are needed due to the misdiagnosis, these costs are also included.
Lost Wages and Earning Capacity: Compensation for lost income if the patient had to take time off work and any future loss of earning capacity if the misdiagnosis impacts the patient’s ability to work long-term.
Future Medical Costs: In cases where ongoing medical care is necessary, damages may cover projected future expenses, including specialized care, medication, physical therapy, or in-home assistance.

Non-Economic Damages

Non-economic damages cover the more subjective, intangible effects of a misdiagnosis. While these losses are challenging to precisely measure, they recognize the lasting personal impact of a medical error.

Pain and Suffering: This includes compensation for the physical pain and distress experienced due to the misdiagnosis and its resulting complications.
Emotional Distress and Mental Anguish: Misdiagnosis often leads to psychological effects, such as anxiety, depression, and trauma. This category of damages acknowledges the mental toll that a diagnostic error can take on a patient’s life.
Loss of Enjoyment of Life: When a misdiagnosis diminishes a person’s ability to engage in hobbies, social activities, or other fulfilling aspects of life, compensation for loss of enjoyment of life may be awarded.

Punitive Damages in Pennsylvania

In rare instances, Pennsylvania courts may award punitive damages in medical malpractice cases. These damages are not meant to compensate the patient but instead serve as a punishment for particularly reckless or intentional conduct by a healthcare provider. To qualify for punitive damages, the patient must show that the doctor’s actions went beyond mere negligence and demonstrate willful misconduct or gross disregard for patient safety.

While punitive damages are uncommon, they can significantly increase the total compensation in cases where a healthcare provider’s behavior was especially egregious. However, Pennsylvania’s punitive damages law caps punitive damages in medical malpractice cases to ensure fairness and prevent excessive awards.

STEPS TO TAKE IF YOU SUSPECT MISDIAGNOSIS

Pennsylvania’s legal process for medical malpractice claims is intricate, so it’s important to gather evidence, consult with a qualified attorney, and carefully document every aspect of your case. Here’s a step-by-step guide to help you get started.

1. Gather Your Medical Records

Your records provide a detailed history of your symptoms, diagnoses, treatments, and doctor’s notes, which will serve as evidence if you pursue a lawsuit.

Request All Records: This includes all relevant medical history, test results, scans, notes from consultations, and treatment plans. In Pennsylvania, state law gives you the right to access your medical records.
Ensure Accuracy and Completeness: Sometimes, records may be incomplete, so make sure that all pertinent details are included.

2. Seek a Second Medical Opinion

A second medical opinion can provide a fresh perspective on your condition and treatment. This step is particularly important if you suspect that your initial diagnosis was incorrect or delayed.

Choose a Qualified Provider: Ideally, the provider offering the second opinion should be in the same specialty area as the original diagnosing doctor but unaffiliated with the initial healthcare facility.
Document Differences in Diagnosis or Treatment Recommendations: If the second doctor identifies a different diagnosis or recommends alternative treatment, make note of these discrepancies, as they could strengthen your case.

3. Consult with a Medical Malpractice Attorney

By now, you should understand that misdiagnosis claims involve complex medical and legal standards. You don’t have to face these challenges alone—our team of medical malpractice lawyers at Hill & Associates can help you build a strong case.

Initial Consultation: During your first meeting, your attorney will review your medical history, evaluate potential damages, and determine if your case meets the necessary criteria for a misdiagnosis claim.
Case Evaluation: An experienced attorney will consult with medical professionals, gather additional evidence, and, if they find merit in your case, prepare the necessary legal documentation to move forward with a claim.

4. Obtain a Certificate of Merit

The certificate must be filed within 60 days of submitting the complaint, so it’s important to act quickly. Missing this deadline will very likely lead to a dismissal of your case.

5. Document the Impact of the Misdiagnosis

Documenting the full extent of the health and financial consequences of the misdiagnosis will strengthen your case by illustrating the impact of the error on your daily life.

Medical Impact: Keep detailed records of new or worsening symptoms, ongoing treatments, and any further medical care required due to the misdiagnosis.
Financial Impact: Track medical expenses, lost wages, and any other financial setbacks, such as travel expenses for treatments or costs related to long-term care.
Emotional Impact: Misdiagnosis can lead to emotional suffering, including anxiety, depression, or diminished quality of life. Journaling or documenting these effects may support non-economic damages in your claim.

LEARN IF YOU CAN SUE A DOCTOR FOR MISDIAGNOSIS DURING A FREE CONSULTATION WITH HILL & ASSOCIATES

Most doctors have their patients’ best interests in mind, but there are some who—by greed or neglect—fail to put patients first. If you were injured by a delayed, missed, or incorrect diagnosis, talk to a Philadelphia medical malpractice lawyer to learn more about your legal rights and how to hold a negligent physician accountable for your financial losses.

At Hill & Associates, we’re ready to stand by you with the experience and dedication needed to build a strong case. Contact us today at (215) 567-7600, and let us fight to restore your peace of mind and secure the path forward.