When we seek medical care, we expect a thorough evaluation of the symptoms or condition, accurate diagnosis, and proper treatment.
Sometimes, the advice or diagnoses from physicians, who you place significant trust on, are not entirely accurate. This then leads to medical misdiagnosis followed by inappropriate treatment that can worsen your condition and even result in financial distress.
In the event of a medical misdiagnosis, what should be your next move? This blog discusses everything about misdiagnosis and medical malpractice, including the concept of misdiagnosis, its common causes, and how to seek the justice and claim you deserve.
The Concept of Medical Misdiagnosis
Medical misdiagnosis occurs when a healthcare professional incorrectly identifies your condition, resulting in inappropriate or delayed treatment. This can worsen your health and lead to unnecessary medical procedures such as surgery, or cause further complications.
In Canada, medical misdiagnosis is not uncommon. A 2022 report by the Canadian Medical Protective Association (CMPA), a renowned national agency that provides legal defence to over 100,000 physicians in the country, revealed that diagnosis errors account for approximately 30% of all medico-legal cases involving family physicians.
The statistic above highlights the major impact that misdiagnosis can have on both patients and the healthcare system.
Common Causes of Medical Misdiagnosis
Below are some of the common causes of medical misdiagnosis:
- Communication failures: Poor communication between healthcare providers and patients is a leading contributor to misdiagnosis. Misunderstandings regarding symptoms or medical history often lead to incorrect conclusions. For example, a doctor may fail to properly identify signs of fetal distress during labour, leading to a misdiagnosis of the baby’s condition and resulting in preventable birth injuries.
- Inadequate medical history: Physicians sometimes fail to gather a complete medical history or overlook symptoms, especially in complex cases. This gap in understanding can lead to misdiagnosis, such as missing early signs of serious conditions like sepsis in newborns, which can have catastrophic outcomes if not treated promptly.
- Cognitive biases: Preconceived notions can cause doctors to focus on a particular diagnosis while ignoring other possibilities. For instance, cognitive biases can lead to the misdiagnosis of fetal distress as a less severe condition, delaying necessary interventions during childbirth.
Potential Financial Implications for Medical Misdiagnosis
As already mentioned, a medical misdiagnosis can lead to financial burdens, particularly for those facing ongoing health issues. In detail, here are some potential financial implications:
Healthcare Expenses
Victims of misdiagnosis often require extended medical care, including additional surgeries, treatments, and rehabilitation. In Ontario, the costs of ongoing therapy and specialized conditions such as birth injuries can be overwhelming, with estimates reaching tens or even hundreds of thousands of dollars per year, depending on the severity of the injury.
Conditions like cerebral palsy, which may result from misdiagnosed fetal distress, typically involve lifetime expenses, including physiotherapy, medical equipment, and even home modifications.
Loss of Wages
Misdiagnosis can also severely impact a victim’s ability to work due to sustained injuries or worsened health conditions. For families dealing with severe birth injuries, one or both parents may have to reduce work hours or leave employment altogether to care for the child, thus compounding financial strain.
Steps to Take After a Medical Misdiagnosis
If you or a loved one find yourselves in this situation, consider taking the following actionable steps:
- Document everything: Keep a detailed record of medical visits, including personal notes on symptoms, treatments, and interactions with healthcare providers.
- Seek a second opinion: It is important to obtain a fresh perspective on your diagnosis. Consult other healthcare professionals who can review your medical history, symptoms, and tests. A second opinion can provide more clarity and an accurate diagnosis that can potentially change your life.
- Consult a medical malpractice lawyer: Engaging a qualified medical malpractice representative, such as a birth injury lawyer, can make all the difference. This includes investigating the circumstances surrounding the misdiagnosis, gathering evidence such as your personal notes, and collaborating with medical experts to establish whether the healthcare provider breached their duty of care.
- A seasoned birth injury lawyer also goes all-out to fully demonstrate how the misdiagnosis led to the delay in necessary treatments or interventions, which resulted in lasting harm.
- Explore available resources: Numerous resources are available in Ontario for individuals affected by medical misdiagnosis. Organizations such as the Canadian Patient Safety Institute and the Ontario Medical Association offer support and guidance for patients navigating these challenges.
Assessing the Odds of Winning a Medical Misdiagnosis Lawsuit
While medical malpractice attorneys like a birth injury lawyer can help you get justice and deserved financial compensation, it is important to assess the odds of winning. These odds usually vary based on certain factors, including the following:
Strength of evidence: A strong case typically relies on clear documentation of the misdiagnosis, such as medical records, expert witness testimony, and a detailed account of how the misdiagnosis led to harm. Cases that demonstrate a clear breach of medical standard of care are more likely to succeed.
Statistical insights: Through the legal defence of the CMPA, the success rate for medical malpractice suits in Canada is usually low. This means that cases often do not proceed to trial or result in a favourable outcome for plaintiffs.
However, this does not paint the full picture. For instance, a family was awarded $8.5 million in medical malpractice claims over 20 years after a mishandled birth that resulted in the destruction of medical records, thus indicating that a just case usually succeeds.
Legal framework: In Ontario, medical malpractice suits, often spearheaded by birth injury lawyers, proceed through civil courts, where the victim’s legal representative must prove negligence. Relevant laws, such as the Negligence Act and the Health Care Consent Act, support claims by defining the standard of care expected from healthcare professionals.
Don’t Delay, Seek Legal Advice From a Birth Injury Lawyer Today
In Ontario, the period limitation for filing a medical malpractice claim, including cases of misdiagnosis, is generally two years. This period begins from the date you discovered—or should have discovered—the injury caused by negligence; hence, it is important to seek legal assistance from a birth injury lawyer within this timeframe.
Sommers Roth & Elmaleh is a highly regarded law firm specializing in medical malpractice. We understand that medical misdiagnosis can change everything. Thus, our experienced team of birth injury lawyers are dedicated to helping families through the pain and confusion that often follows medical mistakes.
We know that these situations come with immense emotional burdens, and we are here to support you every step of the way. Our focus is on demonstrating proof of misdiagnosis, how it led to harm, and securing the future care costs your loved ones need.
If you believe you have been affected by a misdiagnosis or medical error, we have the best birth injury lawyers that can make all the difference, allowing you to focus on healing. For more information, call us today at 1-844-414-0121 or contact us online for a compassionate consultation.