Can a missed diagnosis be considered medical malpractice?

It's important to note that misdiagnosis alone does not automatically qualify as medical malpractice, as even experienced and competent doctors can make diagnostic errors.

For a malpractice claim to be valid, the misdiagnosis or failure to diagnose must result in inadequate medical care, possibly delayed treatment, or lack of treatment. Additionally, these failures must contribute to a deterioration of the patient's overall condition. A misdiagnosis case can have various scenarios, including:

• wrong diagnosis
• missed diagnosis
• delayed diagnosis

In some instances, a doctor may accurately diagnose one condition but misdiagnose another, overlook the need for a second diagnosis, or fail to recognize complications that alter or exacerbate an existing condition.

When is a missed diagnosis considered medical malpractice?

To be considered medical malpractice, the error of a missed diagnosis must rshow failure to meet the "standard of care." According to Florida law, all physicians have the legal duty to diagnose and treat their patients in accordance with generally accepted medical knowledge, practices, and procedures. If another healthcare professional would have provided a timely and accurate diagnosis under the same circumstances, then a missed diagnosis can be grounds for a malpractice claim. However, missed diagnoses aren’t considered medical malpractice in all cases. For these to be taken into account for a valid malpractice case, there is criteria such as:

• a competent practitioner would have identified the condition if in a similar situation
• the impact of the healthcare provider's actions on the patient's well-being
• proof of doctor’s actions falling below the accepted standard of care
• proof of human error, as incorrect diagnosis may result from faulty or outdated medical equipment
• medical evidence and expert opinions supporting the case