We rely on physicians to provide a standard of care that begins with the initial hospital visit and the resulting diagnosis. However, physicians are only human, and humans make mistakes, including misdiagnoses. Once the misdiagnosis results in no treatment, delayed treatment or wrong treatment, and improper medical care, it can worsen the patient’s medical condition.
It can be as severe as wrongly diagnosing a mild migraine when it was already a brain tumor, in which case you may have an actionable malpractice lawsuit.
Compensation for failure to diagnose
According to the Oregon statute of limitations, you may pursue an action or lawsuit “to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation.” Lawsuits can be expensive and time-consuming, so you may also pursue damages through settlement. The amount you will receive from the lawsuit or settlement will depend on the following:
- The extent of the damages due to misdiagnosis or failing to diagnose
- The cost of your current and or future treatment and rehabilitation
- The scope of the negligence
- How much the negligence or action of the health care provider affected your ability to work
- Loss of income due to impairment or treatment and rehabilitation
- If the misdiagnosis caused you any pain and suffering
Failing to diagnose a disease like cancer can lead to much more invasive procedures for the patient. Upon discovering the misdiagnosis, you would have two years to file a lawsuit or claim.
Failure to diagnose can be hard to prove
Failure to diagnose can be hard to prove because one would have to pinpoint the moment the omission or operation error occurred. It could have been the fault of the primary physician, and it also may be due to gross negligence of a medical technician, emergency room doctor, radiologist or any other health care professional working on your case. Misreading blood tests or urine samples can also happen. A thorough investigation may be necessary.
If you were a victim of misdiagnosis, you should see what you can do to recover damages. It is unfair that the people you relied on to care for you were the people who steered you in the wrong direction.