An incorrect diagnosis can have major consequences. A missed or incorrect diagnosis of a disease often means that a patient is not treated on time or is treated incorrectly — sometimes resulting in serious or permanent damage.
But when is a wrong diagnosis a medical error? And what can you do as a patient if your doctor or specialist has made a mistake?
In this blog we explain what a wrong diagnosis entails, when it is seen as culpable, and how you can receive compensation.
What is a wrong diagnosis?
A wrong diagnosis means that a doctor incorrectly determines the nature or cause of your complaints. This can take different forms:
The doctor diagnoses the wrong disease (for example migraine instead of a brain tumor).
The doctor misses a serious condition, such as cancer, myocardial infarction or pulmonary embolism.
The doctor makes the correct diagnosis too late, resulting in treatment being started too late.
The doctor misinterprets test results or examinations.
An incorrect diagnosis does not automatically mean that there has been a medical error. After all, doctors often work with limited information. Liability can only arise if the doctor has acted carelessly or negligently - for example by not conducting sufficient research or ignoring alarm signals.
When is an incorrect diagnosis a medical error?
A medical error exists if the doctor has not acted as would be expected of a reasonably competent and careful doctor in the same circumstances.
In concrete terms, this concerns situations in which the doctor for example:
Did not perform any additional examination (or performed it too late), despite clear complaints.
Did not refer you to a specialist while this was medically necessary.
Interpreted test or laboratory results incorrectly.
Payed insufficient attention to your medical history or risk factors.
Provided insufficient explanation about the policy or alternative treatments.
In such cases there is culpable action, or a medical error for which the doctor or the hospital can be liable.
Examples of medical errors due to incorrect diagnosis
Some practical examples from medical liability show how far-reaching the consequences can be:
A general practitioner does not recognize the signals of a heart attack, causing a patient to be late
A specialist overlooks a tumor on an MRI scan.
Pneumonia is incorrectly diagnosed as flu, causing serious complications.
A patient is given the wrong medication due to an incorrect diagnosis of an allergy or autoimmune disease.
Liability may arise in all of these situations, especially if it becomes clear that a reasonably competent doctor would have done otherwise. acted upon.
What are your rights in the event of an incorrect diagnosis?
If you have suffered damage due to an incorrect diagnosis, you as a patient are entitled to:
Inspect your medical file
You may request all medical information about your treatment. This is important evidence when assessing possible errors.An independent medical assessment
A medical advisor or specialist assesses whether the doctor has acted carefully.Compensation
If it turns out that there has been a medical error, you can be compensated for both material and non-material damage.
Read also:
👉 The medical file: inspection, copy and correction
👉 Causal connection in medical errors: when is the doctor liable?
👉 Loss of a chance in the event of medical errors
Compensation for a wrong diagnosis
A wrong diagnosis can lead to major damage – both physical and financial.
The compensation consists of: from:
Material damage:
Costs of medical treatments and medicines that are not reimbursed.
Travel costs to doctors or specialists.
Loss of income due to disability.
Costs for domestic help or informal care.
Intangible damage (punishment):
Compensation for pain, sorrow, fear and loss of enjoyment of life. The amount depends on the severity of the complaints, the duration of recovery and the consequences for your daily life.
Read also:
👉 Penalties for medical errors: what you need to know
👉 Compensation for medical liability
How can you prove a medical error due to incorrect diagnosis?
The evidence plays a central role in medical liability.
You You can take the following steps:
Request your medical file from your GP or hospital.
Have the file assessed by an independent medical advisor.
Collect additional information, such as letters, emails, referral letters and research results.
Consult a specialist personal injury lawyer to guarantee your rights.
An experienced lawyer ensures that the doctor or hospital is held liable, supervises the medical examination and negotiates the amount of the compensation.
Why choose Arslan & Arslan Lawyers?
At Arslan & Arslan Lawyers we have years of experience with medical liability cases.
We work together with medical advisors to thoroughly assess your file.
Our clients choose us because we:
Provide free legal assistance (we recover our costs from the liable party). party).
Have experience with complex medical errors, such as missed diagnoses.
Ensure a personal, committed approach.
Realize the maximum compensation for your situation.
Read also:
👉 Medical error at the GP: what are your rights?
👉 Medical error during surgery: what can you do?
Do you think you have been misdiagnosed?
Have you suffered damage due to an error by your doctor or specialist?
Contact Arslan & Arslan Lawyers for a free assessment of your case.
We help you prove liability and ensure that you get what you are entitled to.