When you visit a doctor, you expect to receive an accurate diagnosis and appropriate treatment. Unfortunately, medical professionals sometimes make critical errors, leading to missed diagnoses or misdiagnoses—both of which can have devastating consequences.
Missed Diagnosis vs. Misdiagnosis: What’s the Difference?
While these terms are often used interchangeably, they have distinct meanings and implications:
Missed Diagnosis: A missed diagnosis occurs when a doctor completely fails to recognize or identify a medical condition. This means the patient does not receive any diagnosis or treatment, allowing the illness to progress unchecked.
Example: A patient undergoes an imaging study which is suspicious for cancer. The medical providers, however, fail to order follow-up testing and fail to inform the patient of the worrying results.
Consequences: A missed diagnosis can lead to the worsening of a condition, unnecessary suffering, and in severe cases, life-threatening complications or death. Patients may face delayed treatment options that are less effective due to disease progression.
Misdiagnosis: A misdiagnosis occurs when a doctor incorrectly identifies a medical condition, leading to the wrong treatment. While the patient receives medical attention, it is for an illness they do not actually have, while the real issue remains undiagnosed and untreated.
Example: A patient experiencing persistent chest pain visits the emergency room The medical providers believe that the patient is suffering from acid-reflux or a gastrointestinal issue, prescribe medication and send the patient home without performing proper cardiac testing. Later, the patient suffers a heart attack that could have been prevented with timely intervention had the correct diagnosis been made.
Consequences: Misdiagnosis can result in unnecessary treatments, harmful side effects, and the continued progression of the actual disease. Additionally, it can lead to emotional distress as the patient struggles with ineffective treatments and worsening symptoms.
Both missed diagnoses and misdiagnoses can have severe consequences, making it crucial for patients to advocate for second opinions and further testing if their symptoms persist or worsen.
How Do You Establish a Medical Malpractice Claim in Massachusetts?
If a doctor’s failure to diagnose or incorrect diagnosis caused harm, you may have a medical malpractice case under Massachusetts law. To establish a claim, you must prove:
- Doctor-Patient Relationship – The doctor owed you a duty of care.
- Breach of Duty – The doctor’s actions deviated from accepted medical standards – simply put, the doctor was negligent and failed to provide the patient with proper medical care.
- Causation – The misdiagnosis or missed diagnosis directly led to harm.
- Damages – You suffered financial losses, additional medical expenses, emotional distress, or other damages as a result of the medical mistake.
Massachusetts Medical Malpractice Laws
Massachusetts has specific laws that impact medical malpractice claims, including:
- Statute of Limitations: Generally, you must file a medical malpractice lawsuit within three years of discovering the injury. However, claims cannot be filed more than seven years after the alleged malpractice, except in cases involving fraud.
- Tribunal Review: At the beginning of a medical malpractice lawsuit, your case must pass a medical malpractice tribunal, which consists of a judge, a lawyer, and a medical expert. The tribunal determines if sufficient evidence exists to support your claim.
- Damage Caps: Massachusetts places a cap on non-economic damages (such as pain and suffering) in medical malpractice cases, typically at $500,000, unless there is evidence of substantial disfigurement or permanent impairment.
Challenges in Proving Medical Malpractice
Medical malpractice cases can be complex, requiring expert testimony and substantial evidence. Common challenges include:
- Demonstrating that another doctor or medical provider would have made the correct diagnosis.
- Proving that the condition worsened due to the doctor’s error and not because of the illness’s natural progression.
- Overcoming medical defenses such as claims that the diagnosis was difficult to make based on available information.
SUGARMAN attorneys have decades of experience handling complex medical malpractice cases involving missed diagnoses or misdiagnoses. If you would like to consult with one of our attorneys, call 617-542-1000 email , or fill out our contact form.