The Long-Term Impact of Incorrect Diagnoses

According to the Centers for Disease Control and Prevention (CDC), nearly 130 million people in the U.S. have a major chronic disease. An estimated 42% have two or more, and 12% have at least five. While most people are correctly diagnosed with a chronic illness, others are victims of medical misdiagnosis.

How Common Is Medical Misdiagnosis in America?

Medical misdiagnosis refers to a physician failing to accurately or timely diagnose a patient’s medical condition. According to the National Institutes of Health (NIH), some 12 million people in the U.S. receive a medical misdiagnosis each year. These types of diagnoses can have adverse consequences for patients and their physicians.

The High Price Patients Pay for Medical Misdiagnosis

An incorrect medical diagnosis can lead to a patient taking prescription medication that they don’t need, which can trigger side effects, allergic reactions, and even organ damage. A late diagnosis could result in the worsening of a patient’s medical condition, significantly lowering their recovery or survival chances. Untimely and incorrect diagnoses can also lead to the following:

• A loss of trust in medical professionals and healthcare as a whole
• A reluctance to seek future medical care
• Long-term trauma and inappropriate long-term care
• Psychological distress
• Unnecessary surgeries and possible surgical complications

Financially, a misdiagnosis can cost patients thousands in unnecessary medications, treatments, hospitalizations, lost wages, and, should they decide to pursue a malpractice claim following their misdiagnosis, legal fees. And it does not end there.

Medical misdiagnosis is responsible for some 795,000 Americans dying or becoming permanently disabled each year. While we are on the topic, it is worth noting that misdiagnoses involving cancer, stroke, sepsis, pneumonia, and venous thromboembolism account for approximately 39% of all patient harm cases.

Medical Misdiagnosis and the Broader U.S. Healthcare System

Medical misdiagnosis costs hospitals, clinics, and doctors an estimated $100 billion annually in unnecessary treatments, diagnostic tests, and other care. Medical misdiagnosis claims can also be expensive for insurance providers. Of course, it is not terribly hard to see why. The median payout for medical misdiagnosis claims has been rising by an estimated 2% annually for the last 30 years. As of today, the median payout is roughly $200,000.

How Doctors Pass on the Cost of Higher Insurance Premiums to Patients

When doctors face higher insurance premiums, it negatively influences their bottom line. Rather than absorbing all of those higher costs themselves, they pass some of them on to their patients. Studies show that most doctors, hospitals, clinics, and other medical facilities increase their fees by 9.1% for every 100% increase in insurance premiums.

That translates to higher healthcare costs for both self-pay and insured patients. To avoid future insurance premium hikes, some doctors and medical facilities will engage in other practices that can result in increased costs for patients. Some of these include the following:

• Practicing defensive medicine – This tactic involves a physician scheduling more consultations and ordering more diagnostic tests and referrals than they ordinarily would to create a paper trail that can help them to fight a malpractice claim, which, if they were to lose, could lead to higher medical malpractice insurance premiums. However, all of these additional diagnostic tests, consultations, referrals, and the like can lead to higher costs for patients who may not need all of these extras.
• Eliminating high-risk services – This tactic involves a physician deciding to halt high-risk medical services in hopes of avoiding a malpractice claim and higher malpractice insurance premiums. Emergency medicine, surgery, and high-risk obstetrics are examples of such services. This halting of high-risk medical services can make it harder and more costly for patients to get the care they need.
• Moving to a different state – This tactic involves a physician moving to a tort-reform state to practice high-risk medical services. For reference, tort-reform states are states that cap the damages patients are eligible to receive if they win a malpractice personal injury case. Practicing in a tort-reform state lowers malpractice insurance for physicians, but it also makes it harder for patients in non-tort-reform states to get the care they need at an affordable price.

Why It Pays To Have a Medical Malpractice Lawyer in Your Corner

While it is possible to file a medical misdiagnosis malpractice claim without an experienced lawyer who works at a nationwide personal injury law firm, doing so is not a good idea. These types of claims are very complex. Proving that a doctor or medical facility is liable for harm stemming from an incorrect, untimely, or wrong diagnosis is not easy. Having an attorney in your corner makes the process easier and greatly improves your chances of getting the compensation you deserve. Some of the things attorneys help their medical misdiagnosis malpractice clients with include the following:

• Case evaluation – A malpractice lawyer will evaluate the facts of a case to determine if a physician or medical practice breached the standard of care, a critical first step in pursuing a medical malpractice claim.
• Gathering evidence and hiring medical experts – A malpractice attorney can collect medical records and hire medical experts to prove that a physician or medical practice’s negligence directly caused or contributed to a patient’s misdiagnosis.
• Handling legal procedures – An attorney will ensure their client meets strict state-imposed deadlines, including the statute of limitations for filing a malpractice claim, which, in most states, is two years.
• Settlement negotiations – Between 80% and 97% of medical malpractice claims get settled out of court. An attorney can negotiate a settlement with a malpractice insurance provider that adequately compensates their client.

Hire a Medical Malpractice Lawyer Today

Medical misdiagnosis is a common occurrence that can have a profound impact on someone’s life. Fortunately, state and, in some cases, federal laws provide legal recourse to victims of such a diagnosis. If you have received an untimely or incorrect medical diagnosis, consider discussing your rights with an attorney well-versed in malpractice claims involving medical misdiagnosis today.