When a patient seeks medical attention at a hospital, they trust that the healthcare professionals will provide them with an accurate diagnosis and effective treatment. So, what happens when this trust is broken and a misdiagnosis leads to harm or even more devastating consequences? Can you sue a hospital for a wrong diagnosis? In a word, yes, but the answer to this question is actually very complex and depends on a variety of factors, including the circumstances surrounding the misdiagnosis and the extent of the harm caused.

Of course, the foundation of effective healthcare is a correct diagnosis so healthcare professionals can provide targeted treatment, manage symptoms, and improve overall patient outcomes. A misdiagnosis, however, can lead to delayed, ineffective, or inappropriate treatment and worsening of the condition. It could also cause long-term harm or even death. Since the consequences of misdiagnosis can be severe, patients and their families may suffer physically, emotionally, and financially.

In the unfortunate event that a hospital’s misdiagnosis leads to harm, patients and their families may have grounds for a medical malpractice claim. In the case of a hospital misdiagnosis, patients may be able to pursue a claim against the hospital if they can prove that the misdiagnosis was a result of negligence or a breach of the standard of care by the hospital.

For patients and families seeking justice and compensation for harm caused by a hospital’s misdiagnosis, seeking guidance from a law firm experienced in medical malpractice is a necessity. They have extensive experience in representing patients and their families in medical malpractice cases, including those involving hospital misdiagnosis. They are dedicated to helping patients and families hold healthcare providers and healthcare facilities accountable for their actions and secure the compensation they deserve. Here’s what you need to know.

What Is Negligence?

When considering whether you can sue a hospital for a wrong diagnosis, you must take into account whether you can establish negligence. In the context of medical malpractice law, negligence refers to a healthcare facility’s failure to meet the accepted standard of care, resulting in harm to the patient.

The elements of negligence are well established in medical malpractice law. To prove negligence, patients must demonstrate that the healthcare facility owed a duty of care, which is typically established by a doctor-patient relationship. Next, the patient must show that the healthcare provider breached that duty by failing to meet the accepted standard of care. Proving there was a breach can be a challenging task, and it usually requires expert testimony to establish what a reasonable healthcare provider would have done under similar circumstances.

In addition to duty and breach, patients must also prove causation and damages. Causation requires the patient to show that the breach of duty directly led to the harm or injury. Damages refer to the actual harm or losses suffered by the patient, such as medical expenses, lost wages, and pain and suffering.

Proving Negligence

Proving negligence in a medical malpractice case can be a complicated process. Medical evidence is often technical and difficult for laypeople to understand. That’s why expert testimony is frequently required to establish the standard of care and breach. A healthcare facility may also argue that they met the standard of care or that the patient’s harm was caused by other factors.

For example, consider a patient who is misdiagnosed with a minor condition when, in fact, they have a serious illness. If the patient can show that the healthcare provider failed to order a standard diagnostic test, which would have revealed the true condition, they may be able to prove negligence. Expert testimony from medical professionals would assist in establishing that the healthcare provider breached the standard of care by not ordering the test and that this breach directly caused the patient’s harm.

Demonstrating Patient Injury

When you sue a hospital for a wrong diagnosis, you must be able to demonstrate patient injury, as it is a critical component of a medical malpractice claim. Patient injury refers to the harm or losses suffered by the patient as a result of the misdiagnosis. In order to succeed in a medical malpractice claim, patients must show that they suffered a tangible injury as a result of the healthcare provider’s or healthcare facility’s negligence.

The types of injuries that might result from a misdiagnosis can be diverse and far-reaching. Physical harm is a common consequence of misdiagnosis, such as a worsening of the condition, unnecessary medical procedures, or even permanent disability. Emotional distress is another significant type of injury, where patients may experience anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of the misdiagnosis. Financial losses, such as medical expenses, lost wages, and other related costs, can also be substantial.

A good example would be a patient who is misdiagnosed with a treatable condition, but due to the delay in receiving proper treatment, they suffer permanent damage to their organs. In this case, the patient may be able to demonstrate patient injury by showing that the misdiagnosis led to a delay in treatment, which in turn caused the permanent damage. Medical records would be used to document the patient’s treatment and the extent of the damage, while expert testimony from a medical professional would be used to establish the causal link between the misdiagnosis and the patient’s injury.

Hospital Liability

Legally, you also must consider hospital liability. There are different theories of hospital liability. Vicarious liability holds the hospital responsible for the actions of its employees, even if the hospital itself did not directly cause the harm. Direct liability, on the other hand, holds the hospital responsible for its own actions, such as failing to implement adequate policies or procedures.

So, the answer to the question, Can you sue a hospital for a wrong diagnosis? has some nuance to it. Given the complexity of these cases, if you’ve experienced an injury due to misdiagnosis, it’s important to seek the advice of an experienced medical malpractice attorney, such as the attorneys at Warren Allen LLP in Portland, OR. Attorneys who specialize in medical malpractice help patients and their families understand their rights and options and provide the skills needed to build a strong case and reach a successful outcome.