schedule a Free Consultation
(720) 996 - 6000

Misdiagnosis and when it becomes medical malpractice

Figures report about 12 million U.S. residents are misdiagnosed annually, or one in 20 adults. Misdiagnosis is a form of medical malpractice that occurs when the doctor falls below a standard of care. While patients in Illinois or Colorado can seek damages, the case must meet certain criteria.

Overview of misdiagnosis

Figures from AARP show about 20% of patients who got second opinions had been misdiagnosed the first time. Misdiagnosis means the doctor discovered a condition but failed to diagnose it properly, which can cause harm. Doctors commonly use differential diagnosis to rule out similar conditions based on symptoms, asking questions, patient observations, and various tests.

Conditions with many similar symptoms, such as heart attacks and panic attacks, are a main cause of misdiagnosis. It is dangerous because by the time the real condition has been discovered, treatment may not be effective.

When it is malpractice

Medical malpractice cases commonly do not involve malicious intent to harm, but doctors are still responsible for errors. One element the patient must prove is negligence, which means the doctor missed something a reasonable doctor would not have. Some common types of negligence include not referring the patient to a specialist, misreading tests, or missing a test.

The doctor must have an established relationship with the patient, meaning they agreed to treat the patient. They owed the patient a duty of care, but they breached the duty, causing the patient to suffer actual damages.

For example, a patient commonly has a case if they undergo unneeded treatment, such as radiation. A patient who overhears a doctor's advice, has an untreatable condition, or dislikes an outcome likely doesn't have a case.

Medical malpractice cases are complex, and not every error is malpractice,l so it needs a legal evaluation. However, they only have so much time to file a claim against responsible doctors.

Recent Post
November 8, 2023
The Role of Medical Evidence in Strengthening Your Denver Personal Injury Case
Medical evidence is critical in determining the degree of your injuries, their impact on your life, and the compensation you deserve in a personal injury case in Denver. Comprehensive and well-documented medical record strengthens your argument. This blog post discusses the significance of medical evidence in a Denver personal injury case and how it might […]
Read More
The Importance of Choosing the Right Personal Injury Lawyer in Denver
Navigating the legal procedure in the aftermath of a personal accident can be difficult. Denver residents have access to a vital resource: the experience of a personal injury lawyer. Choosing the appropriate lawyer can help secure a good outcome. This blog post reviews the importance of hiring a personal injury lawyer in Denver. Moreover, it […]
Read More
1 2 3 20
4725 S Monaco St
4725 S Monaco St, Denver, CO 80237
View larger map

Contact Us Now

Don’t Wait – Get a Free Case Evaluation Today!
Let us come to you or visit us at either of our two convenient Locations In Downtown Denver and DTC
At Fiedler Law, we believe you should never have to pay the price for someone else’s poor judgment. We understand the hardship and loss that result from a serious injury or wrongful death. Our Denver and Chicago law offices have been fighting on behalf of injury victims and their loved ones for Over 25 years. We leverage that experience and expertise to fight for the compensation you deserve.


4725 S. Monaco Street Suite 120 Denver, CO 80237
Phone: 720-996-6000Fax: 720-696-7962
1800 Wazee Street Suite 300
Denver, CO  80202
77 West Wacker Drive Suite 4500 Chicago, IL 60601
Phone: 312-788-2600Fax: 312-741-1010


© 2024 Fiedler Law | All Rights Reserved | Terms & Conditions | Privacy Policy

Powered by: