Effective medical care is based on receiving correct and timely diagnoses. If a doctor fails to correctly identify a condition or delays diagnosing a serious issue, the consequences can be devastating, including permanent disability.
If this happened to you in Washington D.C., you may have grounds for a medical malpractice claim, but specific conditions must be met. A Washington D.C. skilled attorney with malpractice expertise can evaluate your claim’s viability.
Determining Whether Compensation is Warranted
Actual harm is the baseline requirement for a legal claim based on a misdiagnosis. In addition, the injury must result from the doctor’s failure to provide a professional standard of care, and the misdiagnosis or delayed diagnosis must have caused the condition to worsen, resulting in a negative impact on the available treatment and likely outcome.
Some common scenarios include:
- Cancer diagnosed at a later stage than it should have been
- Heart attack or stroke mistaken for a less serious condition
- Serious infection dismissed as a minor issue
False positives are another type of misdiagnosis that can lead to harm. If a patient is treated for a disease or condition they don’t have and harm results, they may sue for damages.
Four Necessary Elements of Proof
Successful medical malpractice lawsuits based on misdiagnoses must include these four elements:
- Duty of care: proof that the doctor-patient relationship existed
- Breach of duty: proof that the doctor’s conduct did not meet the accepted standard
- Causation: a direct link between the breach of duty and the injury suffered
- Damages: proof that the patient suffered actual harm from the misdiagnosis
Standard of care is at the center of most misdiagnosis cases. If a similarly skilled physician would have made a very different diagnosis under the same circumstances, the case for medical malpractice is strong. Proving this concept requires testimony from an expert with the same medical specialty as the defendant.
Hospitals and clinics can also be held liable for misdiagnoses under the concept of vicarious liability if their policies, staffing levels, or lack of necessary equipment contributed to the error. Other professionals like lab technicians can also be at fault for misreading test results, mixing up patient samples, or failing to detect abnormalities.
Notification and Statute of Limitations Rules for D.C.
- Washington D.C. has a 90-day notice requirement. Before filing a malpractice suit, the healthcare provider must be given notice. The notice must outline the legal basis for the claim, including the type and extent of harm incurred.
- A three-year statute of limitation applies. Medical malpractice claims in Washington D.C. must comply with a three year statute, which applies to either the date of the injury or, in the case of misdiagnosis, three years from becoming aware of the harm.
- Capped damages. Unlike many states, D.C. does not cap limits on malpractice damages, significantly increasing the potential settlement value.
- Expert certificates not required. In most states formal certification is required for medical malpractice cases, but it does not apply in D.C.
- Contributory negligence. In D.C., this rule says that the plaintiff cannot recover any damages if they are even slightly at fault in the case. That means care that is delayed by the patient, failure to follow prior medical advice, or withholding symptoms can negate a claim for financial award.
Types of Damages
Recovering financial damages often compel people to sue for erroneous diagnoses. Quantifiable losses are medical bills for additional treatment, lost wages, and the cost of future care. Compensation may be sought for pain and suffering, emotional distress, and loss of enjoyment of life as well. Particularly egregious misconduct may result in punitive damages.
Get Professional Legal Guidance Following a Misdiagnosis
If you suspect a misdiagnosis, get a second opinion from a different doctor as quickly as possible, and preserve all records, communications, and other documents pertaining to the situation. Consult an experienced attorney from Sam Martin Law to protect your rights and preserve your options.