A misdiagnosis can have serious consequences. A missed or incorrect diagnosis of a disease often means that a patient is not treated in time or is treated incorrectly — sometimes with serious or lasting damage as a result.
But when is a misdiagnosis a medical error? And what can you as a patient do if your doctor or specialist has made a mistake?
In this blog, we explain what a misdiagnosis entails, when it is considered negligent, and how you can obtain compensation.
What is a misdiagnosis?
A misdiagnosis means that a doctor determines the nature or cause of your symptoms incorrectly. This can take various forms:
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The doctor diagnoses the wrong condition (for example, migraine instead of a brain tumor).
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The doctor misses a serious condition, such as cancer, heart attack or pulmonary embolism.
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The doctor makes the correct diagnosis too late, causing the treatment to be started too late.
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The doctor interprets test results or investigations incorrectly.
An incorrect diagnosis does not automatically mean that there is a medical error. After all, doctors often work with limited information. Only if the doctor careless or negligent has acted — for example, by conducting inadequate examinations or ignoring warning signs — liability may arise.
When is an incorrect diagnosis a medical error?
It is a medical error if the doctor did not act as a reasonably competent and careful doctor would be expected to act under the same circumstances.
Specifically, these are situations in which the doctor, for example:
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Did not perform (or performed too late) additional tests, despite clear symptoms.
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Did not refer to a specialist when that was medically necessary.
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Misinterpreted test or laboratory results.
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Paid insufficient attention to your medical history or risk factors.
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Gave insufficient explanation about the management plan or alternative treatments.
In such cases, there is culpable conduct, in other words, a medical error for which the doctor or the hospital may be liable.
Examples of medical errors due to misdiagnosis
Some real-world examples from medical liability show how far-reaching the consequences can be:
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A general practitioner fails to recognize the signs of a heart attack, causing a patient to be admitted too late.
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A specialist overlooks a tumor on an MRI scan.
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Pneumonia is wrongly diagnosed as the flu, leading to serious complications.
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A patient receives the wrong medication due to an incorrect diagnosis of an allergy or autoimmune disease.
In all these situations there may be liability, especially if it becomes clear that a reasonably competent doctor would have acted differently.
What are your rights in the event of a misdiagnosis?
If you have suffered harm due to an incorrect diagnosis, you as a patient are entitled to:
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Access to your medical record
You may request all medical information about your treatment. This is important evidence when assessing potential errors. -
An independent medical assessment
A medical advisor or specialist assesses whether the physician acted with due care. -
Compensation
If it turns out that there was a medical error, you can receive compensation for both material and non-material damages.
Read also:
👉 The medical record: access, copy and correction
👉 Causal link in medical errors: when is the doctor liable?
👉 Loss of a chance in medical errors
Compensation for a wrong diagnosis
A wrong diagnosis can lead to significant harm — both physical and financial.
The compensation consists of:
Material damages:
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Costs of medical treatments and medications that were not reimbursed.
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Travel expenses to doctors or specialists.
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Loss of income due to incapacity for work.
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Costs for household help or informal care.
Non-material damage (pain and suffering):
Compensation for pain, sorrow, anxiety, and loss of enjoyment of life. The amount depends on the severity of the symptoms, the duration of recovery, and the impact on your daily life.
Also read:
👉 Pain and suffering compensation for medical errors: what you need to know
👉 Compensation in cases of medical liability
How can you prove a medical error due to misdiagnosis?
Evidence plays a central role in medical liability.
You can take the following steps:
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Request your medical records from your GP or hospital.
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Have the medical file reviewed by an independent medical advisor.
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Collect additional information, such as letters, e-mails, referral letters, and test results.
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Consult a specialized personal injury lawyer to safeguard your rights.
An experienced lawyer will hold the doctor or hospital liable, oversee the medical assessment, and negotiate the amount of compensation.
Why choose Arslan Advocaten?
At Arslan & Arslan Advocaten we have many years of experience with medical liability cases.
We work with medical advisors to have your case thoroughly assessed.
Our clients choose us because we:
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Provide free legal assistance (we recover our costs from the liable party).
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Have experience with complex medical errors, such as missed diagnoses.
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Offer a personal, dedicated approach.
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Achieving the maximum compensation for your situation.
Also read:
👉 Medical error by your GP: what are your rights?
👉 Medical error during surgery: what can you do?
Do you think you were misdiagnosed?
Have you suffered harm due to an error by your doctor or specialist?
Contact Arslan & Arslan Lawyers for a free evaluation of your case.
We help you prove liability and ensure that you get what you are entitled to.
Frequently Asked Questions
What constitutes a medical error in the case of a misdiagnosis?
A misdiagnosis becomes a medical error if the doctor did not act as a reasonably competent and careful professional would under similar circumstances, such as neglecting necessary tests or misinterpreting results. Careless or negligent actions like ignoring warning signs can make the diagnosis liable for liability.
How can I tell if my misdiagnosis was due to medical negligence?
If your healthcare provider failed to perform essential tests, delayed referrals, misinterpreted test results, or did not consider your medical history, it may be considered negligent. Such actions could make the healthcare provider liable for any resulting harm.
What are some examples of medical errors caused by misdiagnosis?
Examples include failing to recognize a heart attack, overlooking a tumor, misdiagnosing pneumonia as the flu, or prescribing incorrect medication due to misdiagnosis. These errors can lead to serious or lasting health consequences.
What legal rights do I have if I suffered harm from a misdiagnosis?
As a patient, you have the right to access your medical records and seek compensation if negligence caused your harm. Consulting a legal professional can help determine if your case involves medical error and explore your options.
