There are certain tasks that only medical doctors can perform. Generally speaking, only licensed medical professionals can prescribe drugs. Similarly, a doctor’s diagnosis is the only way for people to affirm that they have specific medical conditions.
Those in need of treatment seek out medical evaluation to obtain a diagnosis. Unfortunately, diagnostic mistakes are quite common. Doctors might reach the wrong diagnosis because they have limited or inaccurate information. They might also fail to diagnose a patient entirely, leaving them without treatment and at risk of their condition worsening. Patients affected by diagnostic mistakes may have grounds for a medical malpractice lawsuit.
Who might potentially be liable for a diagnosis-related medical error?
A physician
Frequently, medical malpractice claims related to diagnostic errors name the physician who saw the patient as the liable party. After all, their mistake or oversight is directly responsible for the patient not receiving the diagnosis and care that they require.
Physicians may have overlooked key details or let personal bias affect how they practice medicine. They may also have rushed through the diagnostic process and reached an inaccurate conclusion because they made certain assumptions. Most doctors, including those who maintain private practices, carry malpractice insurance that can help cover claims made by patients they have harmed through professional negligence.
Hospitals and corporate medical practices
If the medical professional who failed to diagnose a patient is an employee of a medical business, the company that hired them may also be liable. Rules about vicarious liability make employers at least partially responsible for the negligence of workers who are on the clock.
In scenarios where corporate medical practices or hospitals force doctors to see a large number of patients in a small amount of time or schedule them for exceptionally long shifts, the way they treat their workers may have contributed to the diagnostic error that the healthcare professional made. It may be possible to name the doctor and their employer in the same lawsuit in some situations.
Those seeking appropriate compensation for the harm caused by a diagnostic error may need help evaluating their options. Reviewing such situations with a skilled legal team can help ensure that a patient or their surviving family members can hold the appropriate party accountable via a medical malpractice lawsuit.
