Diagnostic errors are actually pretty common, unfortunately. New research from BMJ found that approximately 795,000 Americans die or sustain permanent disability as the result of diagnostic errors every year. If you or someone you know has been affected by a misdiagnosis or missed diagnosis, read on.
Below we break down exactly what to do after you’ve been misdiagnosed, including how to protect your legal rights and how to improve your healthcare plan to prevent future errors.
You’ll Learn:
- Why Diagnostic Errors Happen
- Things To Do After Being Misdiagnosed
- How To Protect Your Legal Rights
- How To Improve Your Healthcare Plan
Why Diagnostic Errors Happen
Diagnostic errors can occur in numerous ways. Whether it’s misinterpreting results, mixing up patient files, or properly administering medication. But almost all misdiagnosis errors come from failures in the healthcare system.
Here are some facts:
A study conducted by the nonprofit ECRI revealed that diagnostic errors occur most frequently during testing. This includes improperly ordered tests, specimen testing issues, and staff miscommunication during follow-ups.
Essentially, diagnostic errors are rarely the fault of one poor physician’s judgment. Rather, they are caused by a systemic breakdown somewhere in the healthcare process.
Some of the most commonly misdiagnosed conditions are:
- Stroke
- Sepsis
- Lung Cancer
- Pneumonia
- Heart Attacks
Some of the conditions on this list are pretty serious. Any delayed diagnosis could cause permanent damage to your health. If you believe you or a loved one has been the victim of a misdiagnosis, you should consult with a Fort Lauderdale misdiagnosis lawyer to see if you qualify for a misdiagnosis settlement.
What To Do After Being Misdiagnosed
The thought of being misdiagnosed can be terrifying. Not only are you dealing with your health, but now you have to deal with a portion of the healthcare system you don’t quite understand. There are steps you can take to not only correct a misdiagnosis, but protect yourself from similar situations in the future.
First things first…
Get A Second Opinion
This cannot be stressed enough. If you believe you’ve received an incorrect diagnosis, you should always get a second opinion from another healthcare provider. Not only will this verify the diagnosis given to you, but it’ll clear up any confusion you may have. Afterwards you can decide on the proper treatment needed going forward.
Do not feel ashamed about getting another opinion. This is about you and your health.
Get A Copy Of Your Medical Records
As the patient, you are legally able to obtain your full medical records. From here you can pull apart any testing results, doctor’s notes, imagery, and referral information. Medical records can become crucial if you decide to take legal action.
Make sure you request your records in writing, and keep copies of everything. You’ll need this later if you wish to file a claim against your provider.
Keep Detailed Documentation
Don’t freak out. This doesn’t mean you have to carry a notepad with you everywhere you go. But you should start writing down any and all information you can remember about your diagnosis from that moment forward.
Write down the date you discovered the misdiagnosis, what doctors you spoke with, what treatments you received, and any other symptoms you experienced because of the error. This will be used to build your misdiagnosis settlement, should you choose to pursue one.
Just remember…
Document EVERYTHING.
How To Protect Your Legal Rights
Just because you’ve been misdiagnosed, doesn’t necessarily mean you’re entitled to a misdiagnosis settlement. More often than not medical professionals make mistakes without it constituting medical malpractice. They missed a symptom you mentioned, interpreted results incorrectly, but believed they were providing you with the best care possible.
However…
Medical malpractice is diagnosed when your healthcare provider does not provide you with the adequate level of care that another reasonable doctor would have provided in the same circumstance. When that negligence causes harm to you, then you can pursue a misdiagnosis settlement.
Here are some things to know when looking into your legal rights:
- Statute Of Limitations: Just like any other claim, there is a time limit for filing a medical malpractice lawsuit. If you do not file within that time, you lose your right to collect compensation.
- Standard Of Care: Did the doctor provide you with the best care given the situation? Or could another doctor have diagnosed you correctly? These are questions your attorney will try to answer.
- Proof Of Harm: You must be able to prove that the misdiagnosis caused you physical, emotional, and financial stress.
Having a qualified attorney on your side can help you navigate all these questions and more. They will be able to assess your medical records and consult with medical experts to determine whether you have a case.
How To Improve Your Healthcare Plan
It’s only natural to feel skeptical about your healthcare after being misdiagnosed. You placed your trust in them, and they let you down. But that doesn’t mean you should give up on your healthcare or avoid visiting the doctor when you need to.
Instead, use this experience to better your healthcare plan. Not only will it help you feel more comfortable going to the doctor, but it may reduce your risk of being misdiagnosed again.
Become A Patient Advocate
Studies have shown that patients who ask questions and advocate for themselves during their appointment have better outcomes. Don’t just accept your diagnosis, ask your doctor what symptoms they are basing it off of and what conditions they ruled out.
Stay Organized With Your Medical Records
Requesting and keeping your own medical records can help you spot potential errors early on. It can also help new doctors get a better understanding of your health without having to solely rely on transferred medical files.
Establish A Healthcare Team You Trust
Having a PCP (primary care physician), specialist, and support team you trust is one of the best ways to avoid misdiagnosis. Not only will they be able to refer you to the right doctors, but they can help spot mistakes before they do any real damage. A weak healthcare team is prone to miscommunications.
Above all else…
Listen to your body. If you don’t feel like your treatment is working, or your symptoms are getting worse despite your diagnosis, that’s your sign to push for more answers. Don’t be afraid to ask for more tests.
Final Thoughts
Navigating through the healthcare system can be difficult, especially after a misdiagnosis. But as long as you know what to do and stay organized you can take back control.
Here’s a quick recap of everything:
- Get A Second Opinion Immediately
- Request Copies Of All Medical Records
- Document Everything Related To Your Misdiagnosis
- Learn About Your Legal Rights Regarding Misdiagnosis Settlements
- Build A Better Healthcare Plan To Prevent Future Errors
Millions of people are affected by diagnostic errors every year. While it is hardly the patient’s fault, there are steps you can take to protect yourself and your family. Whether you’re looking to receive the correct treatment or filing a misdiagnosis settlement, you now know how to navigate through the healthcare system.
