HKQ Attorneys
Who Is Responsible in a Misdiagnosis in Pennsylvania
What’s referred to as “misdiagnosis” is one of the most common forms of medical malpractice. It occurs when a doctor fails to correctly identify a medical condition, resulting in delayed treatment, wrong treatment, or no treatment at all.
Not every misdiagnosis is malpractice. Medicine is complex, and symptoms can be unclear. However, malpractice may occur when a healthcare provider fails to meet the accepted standard of care.
In Pennsylvania, the standard of care refers to the level of skill, knowledge, and treatment that a reasonably competent medical professional would provide in the same situation.
To bring a medical malpractice claim in Pennsylvania, several elements must generally be proven:
A doctor-patient relationship existed
The provider deviated from the standard of care
That deviation caused harm
Damages resulted from the harm
Examples of misdiagnosis that may lead to serious injury include:
Failure to diagnose cancer in its early stages
Misdiagnosing a heart attack as indigestion
Incorrectly diagnosing a stroke
Missing signs of infection or internal bleeding
In order to file a medical malpractice case, Pennsylvania requires a Certificate of Merit to be filed to initiate the case. This means a qualified medical expert must review the case and confirm that the lawsuit has a reasonable basis before it can proceed.
Time is also important. Pennsylvania generally has a two-year statute of limitations for medical malpractice claims. In some cases, the clock starts when the injury is discovered or reasonably should have been discovered.
Misdiagnosis can lead to worsening conditions, permanent damage, or even death. Understanding the legal standards involved is critical for patients who believe they have been harmed by a delayed or incorrect medical diagnosis.