An incorrect or late diagnosis can have major consequences for a patient's health.
When a doctor does not recognize a condition or makes an incorrect diagnosis, this often causes unnecessary suffering, incorrect treatments and sometimes permanent damage.
But when does a medical error occur, and who is liable for the consequences? In this blog we explain what is meant by a wrong diagnosis, how liability is determined and what you can do if you have suffered damage as a result.
For many patients, a wrong diagnosis has far-reaching consequences. Not only physically, but also emotionally and financially. That is precisely why it is important to know what you are entitled to.
What is a misdiagnosis in healthcare?
An incorrect diagnosis means that a doctor or specialist incorrectly determines the nature or cause of the complaints.
This can take different forms, such as:
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A disease or condition is not recognized (missed diagnosis);
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The wrong disease is diagnosed (incorrect diagnosis);
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The diagnosis is made too late, which means that treatment starts too late;
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Or the correct diagnosis is only made after unnecessary or harmful treatments have first taken place.
Not every misdiagnosis is automatically a medical error. Doctors work with limited information, and some diseases are difficult to recognize.
There is only a medical error if a reasonable doctor should and could have acted differently in the same situation.
When is a wrong diagnosis considered a medical error?
An incorrect diagnosis is considered medical error if the doctor:
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has not conducted sufficient research,
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has ignored complaints or signals from the patient,
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has requested incorrect investigations,
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or has misinterpreted results.
It is therefore not only about what has been determined, but also about how the doctor came to that conclusion.
The test is: did the doctor act as a reasonably competent and careful doctor would do in the same situation?
Practical examples
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Missed myocardial infarction: A patient comes to the doctor with chest pain. The doctor thinks it is muscle pain and does not investigate further. Later it turns out to be a heart attack.
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Wrong diagnosis in cancer: An X-ray is incorrectly assessed, resulting in a tumor being discovered months later.
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Late diagnosis of cerebral infarction: alarm signals are missed, causing treatment to start too late and permanent damage to occur.
In such cases it can be said that the doctor or hospital acted negligently, which leads to liability.
Who is liable in the event of an incorrect diagnosis?
If it is established that the doctor acted negligently, both the doctor himself and the hospital may be liable.
The main rule is:
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The doctor is liable for his own actions;
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The hospital or healthcare institution is liable for errors made by its employees (the so-called liability for auxiliary persons).
You can therefore hold the hospital organization liable, even if the mistake was made by an individual doctor.
This prevents you from having to find out for yourself who exactly is responsible within the team of specialists.
Evidence of a wrong diagnosis
To prove liability, two things must be proven:
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That the doctor made a culpable error;
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That your damage is the result of that error (the causal relationship).
The evidence is often complex because it requires medical knowledge.
That is why a medical expert examination is almost always carried out.
An independent medical specialist assesses:
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whether the doctor's actions deviated from what is customary in the profession;
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and whether that deviant action led to your damage.
You can read more about this topic in our blog Causal connection in medical errors.
What if the diagnosis was made too late?
A late diagnosis is one of the most common medical errors.
Sometimes the doctor did not act wrong initially, but should have reacted better later to changing complaints or new results.
A late diagnosis can have serious consequences:
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The treatment starts later, which reduces the chances of recovery;
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Unnecessary damage or complications occur;
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Or the condition is now in an advanced stage.
In that case, the patient can claim compensation for loss of a chance of recovery.
This means that you will not receive the full amount that would apply in the event of complete recovery, but compensation in proportion to the missed opportunity.
Read more about this in our blog Loss of a chance in medical law.
Compensation for incorrect diagnosis
If liability has been established, you are entitled to compensation for all damage caused by the error, such as:
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medical costs (examination, treatment, medication, rehabilitation);
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loss of income due to disability;
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costs for domestic help or informal care;
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travel and accommodation costs for medical appointments;
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and punishment for the psychological and emotional suffering.
Do you want to know how the amount of compensation is determined? Then read our blog How can you calculate damages?.
What can you do in case of a wrong diagnosis?
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Request your medical file – you have the right to inspect it.
It states which examinations were performed, who assessed them and what was discussed.
Read more about this in Medical file: inspection, copy and correction. -
Record your complaints and consequences.
Note what damage you have suffered and how the mistake affects your daily life. -
Have a medical advisor assess your file.
He or she can determine whether there has been culpable conduct. -
Engage a specialized lawyer.
This way you can be sure that your rights are protected and your damages are calculated correctly.
Why legal assistance is important
Proving a misdiagnosis is complex.
Medical experts are needed, medical protocols must be assessed, and causality must be convincingly demonstrated.
At Arslan Advocaten experienced personal injury and health lawyers work together with medical advisors.
We provide:
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expert assessment of your file;
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legal basis for liability;
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and maximum damages.
Our assistance is free of charge for victims, because the costs are recovered from the liable party.
Why choose Arslan Advocaten?
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Specialized in medical errors and misdiagnoses
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Close collaboration with medical experts
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Proven results in complex liability cases
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Free legal assistance for victims
We ensure a thorough assessment of your case and do everything we can to recover the damages you are entitled to.