Misdiagnosis vs. Malpractice: What’s the Legal Difference?

We visit healthcare professionals for clear answers and effective treatment, but what happens when those professionals get it wrong? A misdiagnosis can have a profound impact on your life. 

You may end up with worsening health and miss the window of opportunity needed for early treatment. It’s even possible you could undergo unnecessary treatments associated with your misdiagnosis. You deserve justice, but under Pennsylvania law, not every misdiagnosis is considered a form of medical malpractice. 

Knowing the difference between an honest mistake and a legally actionable malpractice is key if you or someone you care about has suffered due to a healthcare provider’s error. 

What Is a Misdiagnosis?

A misdiagnosis occurs when a healthcare provider (like a doctor, nurse practitioner, or physician’s assistant) incorrectly identifies a patient’s illness or condition. There are several ways a healthcare professional can misdiagnose a patient.

• Incorrect diagnosis. When a provider incorrectly identifies a patient’s illness or condition as something else. For instance, diagnosing a patient with heartburn when they really showed symptoms of having a heart attack. 
• Missed diagnosis. A missed diagnosis occurs when a provider fails to identify the patient’s condition.
• Delayed diagnosis. In this situation, a provider will eventually diagnose the correct illness, but only after harmful delays. 

Experiencing a misdiagnosis does not automatically mean you have a malpractice case. The practice of medicine is complicated, and even the most skilled doctors sometimes make errors. 

Doctors owe what is called a “duty of care” to their patients. When a misdiagnosis happens, the question becomes whether or not the doctor acted in the same manner another competent physician would have acted in the same situation. 

What Is Medical Malpractice?

Medical malpractice is a legal term that means a healthcare provider’s negligence has caused harm to a patient. To prove you have a malpractice case, you need to establish four elements of the malpractice claim. 

1. Duty of care. You must be able to prove that the healthcare provider had a responsibility to treat you competently.
2. Breach of duty. If a duty of care existed, you must prove that the duty was breached and that the provider failed to meet the accepted standard of care they owed to you.
3. Causation. The breach of duty of care directly caused your injuries or worsened your condition.
4. Damages. Because of the breach of duty of care caused you harm, you suffered damages in the form of medical bills, lost income, physical suffering, and mental suffering.

In other words, malpractice happens when a misdiagnosis (or another error) crosses the line from understandable mistake to negligent care that causes harm.

Misdianosis vs. Malpractice: Key Differences

These two terms are often used interchangeably, but the distinction matters in a legal case. Several key differences differentiate misdiagnosis from malpractice.

• A misdiagnosis may happen even when a doctor has acted reasonably. Malpractice occurs when a doctor acts negligently.
• Not every misdiagnosis is grounds for a lawsuit, but malpractice may be grounds for a lawsuit if negligence can be proven.

A misdiagnosis may happen when a doctor does not diagnose a rare condition because the symptoms mimic a common cold. Malpractice may happen if a doctor ignores test results that clearly point to the correct diagnosis. All malpractice involving diagnosis is misdiagnosis, but not all misdiagnoses are malpractice. 

Common Conditions Often Misdiagnosed

Some illnesses and diseases are more likely to be missed or mistaken for something else. Some of the most frequently misdiagnosed conditions include:

• Cancer
• Heart disease
• Stroke
• Infections
• Autoimmune disorders

When these conditions are misdiagnosed, important treatments and interventions may be delayed, allowing the disease to progress. This progression can lead to complications.

When Does a Misdiagnosis Become Malpractice?

A misdiagnosis is considered malpractice when it results from negligence. The line between a mistake and negligence can sometimes be difficult to define. Here are some examples of how a mistake could be considered negligence.

• Failure to order tests. This happens when a doctor does not order a test (like an MRI or a blood test) that another provider would have ordered and that could have identified an illness.
• Misreading test results. If a doctor misreads a test or lab report that results in your illness progressing or going untreated, or undiagnosed, they have acted carelessly and negligently.
• Ignoring patient history. Overlooking key symptoms or risk factors that would have identified an illness can be considered malpractice.
• Not consulting or referring to a specialist. If a referral to a specialist would have been part of the standard of care, and your doctor did not consult with a specialist, they may have acted carelessly.

If these mistakes lead to harm, the misdiagnosis may qualify as malpractice.

Legal Challenges in Pennsylvania Misdiagnosis Cases

Proving malpractice isn’t always straightforward. Pennsylvania law does not punish healthcare providers for every mistake, only negligence. Challenges to proving you have a misdiagnosis case involve the use of expert witnesses familiar with the common standard of care, to help prove you did not receive the appropriate standard. 

You’ll also need to prove causation, and you’ll have to argue that your injuries and damages resulted from the breach of duty of care. Healthcare providers and medical facilities may argue that your condition was untreatable, regardless of when it was diagnosed. Working with an experienced medical malpractice attorney can help. 

An attorney can investigate your claim and review your records while consulting with a network of professionals to help you build the strongest case possible. At PhillyLaw Car Accident and Injury Lawyers, we work with a strong network of experts to help protect your rights and secure the compensation you deserve.

Steps You Should Take in Your Philadelphia Malpractice Case

If you suspect you’ve been the victim of a misdiagnosis that could be considered malpractice, here’s how to protect yourself.

1. Get a second option. 
2. Request your medical records from your provider.
3. Keep a detailed log of your damages.
4. Contact an attorney. 

The sooner you act, the stronger your case may be, and the sooner you may be able to get the treatment you need.

Don’t Take Chances. Contact a Philadelphia Malpractice Lawyer for Help.

At PhillyLaw, we understand how overwhelming it is to deal with a misdiagnosis. Our team has years of experience handling all kinds of medical malpractice cases in Philadelphia and throughout Pennsylvania. We work with trusted medical experts to fight back against powerful hospitals and insurers, and pursue maximum compensation for our clients.

If you or a loved one suffered because of a doctor’s misdiagnosis, don’t wait. The difference between an honest mistake and malpractice is nuanced, but we know how to prove when negligence has crossed the line. Contact us today to discuss your case.