It’s important to note that not every medical misdiagnosis case will result in successful litigation. Doctors, nurses and other members of the medical community have to handle complex, life-and-death situations every day and, sadly, can make mistakes. As a result, protections are in place to shield them from some litigation.
A medical professional or hospital system is only liable for a misdiagnosis if it caused serious injury and was the result of medical negligence or malpractice. Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
When committed by health professionals, negligence is a form of medical malpractice. Any time they are on the job, a medical practitioner has an assumed duty of care to their patients. If a doctor fails to provide what is accepted as the minimum standard of care and subsequently causes harm to the plaintiff, it is considered malpractice.
Overall, to win a favourable judgment in a misdiagnosis claim, you must be able to prove four elements:
Duty:
It must be clearly shown the defendant had a duty or an obligation. In a medical malpractice situation, the attending medical professionals have a moral duty of care that is a part of their profession.
Breach:
It must be proven that the defendant fell short of the expectations of their duty.
Causation: A causal link must be made between the harm suffered and the breach of duty.
Damages:
The damages being sought must be directly related to the harm caused.
Ultimately, a medical practitioner who fails to follow established procedures or misses obvious signs of a serious disease could be considered negligent. If the illness has become terminal due to this negligence, the plaintiff could receive significant compensation for lost income, medical expenses, and pain and suffering.
