As this blog recently discussed, medical malpractice protections are an important legal resource for victims of medical negligence and doctor error. But what happens if the patient was not diagnosed correctly? Medical malpractice protections also extend to circumstances when there has been an erroneous diagnosis and can help in those situations as well.

In circumstances of a failure to diagnose, erroneous diagnosis or delayed diagnosis, victims may also be able to pursue medical malpractice protections because the medical care provider may have violated their standard of care in failing to diagnose the patient’s medical condition or failing to do so properly. If the medical care professional failed to consider a diagnosis that another medical care professional would have reasonably considered in the circumstances, or failed to order the correct tests of interpret them correctly, they may be liable for medical malpractice.

If the medical care professional simply fails to consider the victim’s symptoms, or dismisses them, they may be considered medically negligent and liable for medical malpractice damages. When the failure to diagnose, erroneous diagnosis or delayed diagnosis results in a worsening condition for the victim, they may be able to pursue damages against the negligent medical care provider. Failure to treat or treating the wrong medical condition because of doctor error can result in additional harm to the victim.

Medical malpractice protections protect victims who have been incorrectly diagnosed or have otherwise suffered harm because of the negligence of a medical care provider. It is important for victims of medical malpractice and their families to be familiar with this complex area of the law to understand the variety of legal options that may be available to them when harmed.