Most Missouri residents have probably heard about medical malpractice lawsuits filed against hospitals and doctors. In medical malpractice, misdiagnosis and missed diagnosis are often confused for one another. Medical malpractice suits build on top of both, but the two are not the same. Medical malpractice is a difficult case to prove, hence you want to make sure that you have the foundation correct.
Misdiagnosis involves a doctor diagnosing a patient with a serious illness incorrectly. When a doctor diagnoses a patient with a serious illness, many accept it and any invasive treatments involved. For instance, MS is a serious condition and a challenging one to diagnose. Statistically, according to Medscape, around one in five people diagnosed with MS have a different condition.
In missed diagnosis, the doctor gives the patient a clean bill of health that results in delayed or no treatment. Missed diagnosis lends itself to the condition worsening over time. In order to prove malpractice, the doctor must fail where doctors in the same specialty would regularly succeed. In addition to doctor error, lab results or flawed equipment can lead to improper diagnosis. When the hospital staff errs, the law holds hospitals liable.
When bringing forth a medical malpractice lawsuit, the plaintiff must prove that he or she suffered further injury, illness or complications because of the diagnosis or lack thereof. Most hospital staff and doctors are liable. However, first responders, such as EMTs tend to be exempt unless they act intentionally negligent or reckless. Missouri medical malpractice laws state that you must file within two years of the malpractice, encouraging patients to act quickly.