Seeking Compensation for Misdiagnosis

Misdiagnosis And Malpractice

If you are dealing with a potential misdiagnosis and are in need of compensation, it is important to understand what a misdiagnosis is. It is also important to know when a misdiagnosis is malpractice and when it is not.

In Nevada, medical malpractice occurs when one of the following fails to treat a patient in a reasonable manner and according to accepted standards of care:

• Doctor
• Hospital
• Hospital employee

It is important to note that a simple mistake is not considered medical malpractice. A wrong diagnosis does not constitute medical malpractice in and of itself. The question in these cases is whether the medical professionals acted unreasonably and contrary to accepted standards of medical care. 

In other words, would the result have been different if another doctor or medical professional had been in the place of the professional in question?

Types Of Misdiagnoses

The term “misdiagnosis” is often used as a catch-all phrase for the various types of misdiagnosis cases. The following are three of the most common types of misdiagnosis cases in Las Vegas:

Missed Diagnosis

A missed diagnosis is often referred to as a failure to diagnose. It occurs when a condition or injury should have been identified but was not. It may happen during a medical examination, while interpreting test results, or during a treatment procedure such as surgery. 

Delayed Diagnosis

A delayed diagnosis is really a missed diagnosis that is eventually caught. Sadly, however, the diagnosis is often too late for many patients. In these cases, patients frequently find themselves ignored or treated disrespectfully as they complain of symptoms to unresponsive medical professionals. 

Patients also suffer from high levels of stress as they are told over and over again that everything is fine. Ultimately, in these cases, the patients are far from fine.

Wrong Diagnosis

A wrong diagnosis is a type of misdiagnosis that can lead to the treatment of a disease the patient does not have. Unneeded treatment can lead to serious injury and death. Additionally, the actual condition that is ailing a patient goes undetected, leading to further patient harm. 

Why Misdiagnosis Occurs

It is safe to say that no medical professional wants to misdiagnose a patient. Yet, medical misdiagnosis is one of the main types of medical malpractice in Nevada and across the country. Understanding why it occurs can help patients understand important aspects of the medical industry.

Common reasons for medical misdiagnosis include:

• Failure to recognize symptoms
• Failure to diagnose due to lack of funds
• Use of incorrect test results for diagnosis
• Failure to refer a patient to a specialist in time or at all
• Unlicensed or otherwise unqualified workers performing tests and exams
• Inappropriate tests or scans for the circumstances

These are just a handful of the reasons medical misdiagnosis occurs. Ultimately, the reason a medical misdiagnosis occurs is what forms the basis for a misdiagnosis lawsuit. 

The Tragic Consequences Of Medical Misdiagnosis

When a medical misdiagnosis occurs, the patient typically becomes worse off as time progresses. Serious consequences may befall them, depending on the circumstances surrounding the misdiagnosis, including:

• A worsening of the undiagnosed condition
• Ineffective or less effective treatment due to delay
• Death
• Receiving unnecessary surgeries and other extensive treatments

These and other medical consequences shatter dreams and turn lives upside down. Non-medical consequences can also accompany the medical repercussions and wreak havoc on patients’ lives. They include:

• Lost work opportunities and lost income
• Acute and chronic pain
• Infection
• Depression and anxiety
• Isolation
• Reduced participation in community activities
• Compromised relationships with friends and family

When death is the result, the family members and dependents of the decedent may file a wrongful death lawsuit. 

Patient Compensation

Patients who experience medical misdiagnosis have recourse under the law. Damages are available to victims who suffer harm caused by medical malpractice. However, victims must do more than accuse or allege medical malpractice. They must build a strong case according to the rules of procedure in the state. 

Affidavit Of Merit

Before a medical malpractice lawsuit can make its way through the courts, the plaintiff must procure an affidavit of merit. This document contains the signature of at least one qualified, licensed medical professional who attests to the viability of the misdiagnosis claim. 

Although this is an extra step for medical malpractice victims, the medical affidavit of merit serves an important purpose. It prevents patients from filing frivolous and baseless lawsuits, which can clog up the courts and place extreme pressure on the medical profession. 

Building A Case

An affidavit of merit is not proof of medical malpractice. It only signifies that a particular medical malpractice claim is not frivolous and has enough merit to continue. To recover damages, a patient must build a strong case that clearly demonstrates liability. For this often monumental task, an experienced medical malpractice attorney is essential. 

The elements they must prove to recover damages include:

• Duty: The defendant must be under a duty of care toward the victim, meaning the patient must have been under the medical care of the defendant
• Breach: There must have been a breach of duty, with the question usually being whether another professional would have made the same error
• Causation: The breach must have directly caused the patient harm instead of some other factor
• Damages: The patient must have experienced compensable damages, such as medical bills, lost income, and pain and suffering

Without a strong case, compensation is significantly reduced or outright denied. In every case, insurance companies work hard to pay less for medical malpractice claims. Unrepresented clients often receive subpar payouts, believing them to be proper. 

When an experienced attorney is on the job, however, more money flows from the insurance company to the plaintiff. 

Your Losses Matter

Most hospitals and care facilities have a patient bill of rights to empower patients during treatment. But no one will likely admit to malpractice. Instead, victims must seek recourse for misdiagnosis malpractice themselves. Nevada tort law says your losses matter and gives you the right to sue for misdiagnosis. If you have experienced a misdiagnosis, you deserve to have every penny of damages compensated and should not let an insurance company talk you into settling for less. Instead, trust an experienced medical malpractice lawyer.

Sources:

NRS 41A.071.
Overview of Diagnostic Error in Health Care. (2015).
Report Highlights Public Health Impact of Serious Harms From Diagnostic Error in U.S. (2023).