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How A Diagnosis Can Go Wrong and What to Do After It Happens

When misdiagnosis happens, these are the most challenging times you can have during and after the illness. At that point, you won’t know what to do unless you have someone with experience around. Several things can make a diagnosis go wrong for plenty of reasons. 

When it finally happens, you need to know the proper steps to follow to get any form of justice. Here’s how a diagnosis can go wrong and what you can do after it all goes wrong. It will give you an idea of what you can do so that you get justice. 

How Misdiagnosis Happens

When you go to a doctor, several things can go wrong, which happens in different stages of the visit. It can happen in three scenarios; highly unlikely they will occur at the same time though

  • Delayed diagnosis
  • Mismanagement of diagnosis
  • Testing
  • Delayed Diagnosis

The first scenario where a diagnosis can go wrong is due to delayed diagnosis. It can happen when the doctor assumes the prognosis they get when you visit. It doesn’t have to be the doctor’s fault all the time, though. There are times when it just doesn’t show up in the visit. 

You will, however, have to prove that there was negligence before the case is considered delayed diagnosis. This is where it can be not easy to prove as doctors have an examination protocol to follow. Unless there was outright disregard, the doctor could beat the case here. 

  • Mismanagement of Diagnosis

Mismanagement of diagnosis has got to be the top reason doctors face suits today. A doctor can, at times, get the diagnosis right but end up mismanaging the diagnosis. 

There also needs to be proof of negligence when you want to sue the doctor for mismanagement. The misdiagnosis or delayed diagnosis can be in the same category for the suit to go through. Both have to be proven through the help of a medical expert. 

  • Testing

The last way that things can go wrong when it comes to diagnosis is through testing. And this doesn’t have to be the doctor’s liability. It can be due to the lab tech’s negligence, which will have nothing to do with the doctor. 

When it comes to testing, it can happen due to human error or a wrong request. When it is due to human error, the lab tech messed up the samples or improper labeling. It can also be a mistake, or it can be negligence too. 

What to Do When Diagnosis Goes Wrong

When there has been an issue with diagnosis, there need to be some steps that you can follow. The first thing you need to do is get a lawyer before anything is done, as you can’t prove it yourself. The lawyer has a team with medical experts that can prove the case even if it goes to court. 

The first thing that you need to do to prove medical malpractice is to prove negligence. Here’s how to prove negligence.

Doctor and patient relationship – the first thing to do is to prove there was a relationship between the doctor and the patient. This is during the visits you have at the doctor and the examination that takes place there. 

Misdiagnosis – this is when the doctor fails to follow protocol in how they handle the diagnosis. A medical expert will have to prove that the doctor was negligent in their duties. 

For all these to be proven, there needs to be a show that the diagnosis harmed the patient. It needs to be a direct cause of the treatment that caused harm to the patient. If not, the case will be hard to prove in court – this is a crucial criterion. 

 

Who Can Be Sued?

When it comes to who can be sued for medical malpractice, this happens when a diagnosis goes wrong. The first person that can be sued due to negligence is the primary physician. This, however, has to be proved for the case to hold any bearing in a court. 

The other person that can be sued is the lab tech, which is when there is an issue with the lab. In most cases, the facility where the doctor works can’t be held liable for the patient. The doctors are usually independent contractors and not employees of the facility. 

When a diagnosis goes wrong, things can be a bit challenging for you. You need to know how to go about it, or else the case won’t hold any water in the court. Here’s how a diagnosis can go wrong and how to go about it. 

 

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