The relationship between a doctor and patient is built on trust. Patients trust that their healthcare professionals will prioritize their well-being and safety in everything they do. Medical boards require licensed healthcare workers to uphold what’s known as a standard of care to the patients entrusted to their care, which means that they must act prudently and reasonably when treating their patients. It’s worth noting that the standard of care is considered to be a legal term rather than a medical term, which is generally defined as “that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” In other words, the physician or medical professional performs just as any other similarly situated healthcare professional would under the same set of circumstances. When the standard of care is breached, the resulting damage, injuries, or adverse health conditions may constitute medical malpractice. 

In Washington state, medical malpractice claims can arise from a variety of errors, negligent actions, or egregious oversights on the part of medical professionals. Two common types of medical malpractice include failure to diagnose and misdiagnosis, which can lead to patient harm and adverse health effects due to the delay in critical care and treatment. Today, we will take a look at some of the differences between failure to diagnose vs. misdiagnosis, as well as the steps you can expect to take when filing a medical malpractice lawsuit in Washington state. Since medical malpractice claims can be complex to undertake while recovering from a painful and traumatic injury or adverse health event, enlisting the support of a top Seattle medical malpractice law firm like Menzer Law Group is highly recommended. Our team of dedicated and experienced legal professionals is deliberately selective in the cases we take on so that we can focus our attention on those cases where we find we can make the most significant and lasting impact. To learn more about our legal services, please contact our Seattle office at (206) 903-1818 to arrange a complimentary review of your claim. 

What is Failure to Diagnose in Washington State?

One common form of medical negligence involves a failure to diagnose a patient’s condition or illness. These incidents happen when a doctor or medical provider does not correctly or accurately identify a condition that reasonably should have been found based on the patient’s symptoms, diagnostic test results, or medical history. Patients benefit from early diagnosis so that conditions or illnesses can be treated more effectively, and any delay in diagnosis can deprive the patient of receiving the critical treatment or interventions they need to improve health outcomes. Some examples of failure to diagnose that could be grounds for a delayed diagnosis legal claim include:

• Failure to identify symptoms of a stroke or heart attack
• Failure to diagnose cancer in its early stages
• Failure to detect internal bleeding after a traumatic accident
• Failure to diagnose serious infections, such as sepsis 

If you or your loved one suffered additional pain and deteriorated health because of a delayed diagnosis, reach out to a highly trusted Seattle medical malpractice law firm to learn more about your legal rights and options.

How is Misdiagnosis Defined in Washington?

While delayed diagnosis is a form of medical malpractice that happens when a medical professional fails to identify an illness or injury in a timely manner, misdiagnosis refers to the incorrect identification of a health condition. For instance, the doctor may review a patient’s test results and incorrectly diagnose the presence of cancer, which could lead to inappropriate, unnecessary, or even risky treatment that the patient does not need (i.e., radiation or chemotherapy). When healthcare professionals arrive at a misdiagnosis, the patient may be subjected to unnecessary medications, procedures, and side effects that can negatively affect the patient’s health. In some cases, the actual condition (which has been incorrectly diagnosed) will continue to progress and complicate the patient’s health. A misdiagnosis lawsuit in Washington may stem from situations like:

• Misdiagnosing a patient’s heart attack as merely a bout of acid reflux
• Dismissing signs of a brain tumor as migraine headaches
• Diagnosing a minor infection instead of a more serious underlying condition
• Missing obvious signs of a neurological disorder and diagnosing these symptoms as anxiety

Incorrectly diagnosing an illness or health condition can jeopardize the patient and subject them to invasive, unnecessary, and even harmful treatments and interventions, while the underlying issue remains undiagnosed and untreated. 

Proving Missed Diagnosis Negligence in Washington State

It’s important to recognize that just because a doctor makes a mistake does not automatically mean that the error constitutes medical malpractice. Proving delayed diagnosis (and the resulting harm the patient suffered due to this deprivation of critical treatment and care) requires clear and strong evidence. To pursue a successful medical malpractice claim in Washington state, you will need to fulfill the following elements and support each one with evidence. 

Existence of a Doctor-Patient Relationship

First, you will need to show that you were under the care of a licensed physician or healthcare provider at the time of the missed diagnosis. You can show that you were an enrolled patient at a medical clinic or being treated at the hospital at the time of the medical provider’s dismissal of your symptoms or failure to diagnose your condition or illness.

A Breach of the Standard of Care Occurred

Next, you can show how the healthcare provider’s care fell below the acceptable standard of care owed to you as their patient. As the plaintiff, you can rely on expert witness testimony from medical professionals to establish how the defendant breached the standard of care by failing to act or perform as any similarly qualified medical professional would have under comparable circumstances. 

The Breach Led to Injury or Harm

This element is the most important to establish, as you will need to draw a clear line from the doctor’s failure to diagnose your condition to the harm you suffered as a result of their missed or delayed diagnosis. This is where you can include medical bills, lost wages as a result of missing work due to extended illness or injury, and other examples of how the delayed diagnosis negatively affected your life and caused you unnecessary harm. 

You Are Entitled to Recover Damages From the Negligent Party

The final component of a successful medical malpractice claim is quantifying or describing the harm you suffered so that you can recover damages from the at-fault party, as this is your right under state law. Your attorney can help you show how the medical professional’s failure to diagnose your condition subjected you to further medical costs, pain and suffering, loss of income, and other damage, and that you are entitled to recover compensation from the defendant. 

Medical Malpractice Involving a Diagnostic Error

Medical malpractice claims that stem from misdiagnosis differ slightly from those involving a delayed diagnosis. Rather than proving that the defendant suffered harm because of the delay in treatment or critical care, malpractice suits stemming from misdiagnosis will focus on proving how the incorrect diagnosis subjected the patient to the wrong treatment or unnecessary interventions that caused additional harm and pain. The structure of a misdiagnosis lawsuit in Washington state is very similar to any other medical malpractice claim, but the crux of the claim will address the harm suffered by the patient because of the at-fault party’s incorrect diagnosis. 

Frequently Asked Questions (FAQs) About Medical Malpractice Claims in the Seattle Area

Is failure to diagnose worse than misdiagnosis? 

No, as both of these issues can harm the patient in significant ways. Both misdiagnosis and delayed diagnosis cause a delay in critical patient care, but with different outcomes: Failure to diagnose allows a health condition or illness to progress untreated, while a misdiagnosis may subject patients to incorrect or risky treatments. 

Can I sue for medical malpractice under Washington state law? 

Yes, patients who suffer harm due to the negligent actions of a medical provider who failed to uphold the standard of care owed to them may file a medical malpractice claim against the at-fault party (or parties).

What evidence is needed to prove a diagnosis error?

Documents proving that you were a formally recognized patient under the health provider’s care at the time of the incident, expert testimony showing that the doctor breached the standard of care owed to you, and documents attesting to the nature and extent of the harm you suffered as a result of the diagnostic error can all support your medical malpractice claim.

Effective and Empathetic Advocacy When You Need It Most

When it comes to selecting a medical malpractice law firm that best suits your needs, you want to find one where you feel heard, respected, and valued. At Menzer Law Group, our clients are never simply a case number—they are people who deserve to feel seen and supported. We are intentionally selective about the cases our law firm chooses to represent so that we can leverage our expertise and devote our attention to those cases where we believe we can have the most profound and lasting impact. If you are ready to learn more about your options for filing a medical malpractice lawsuit and recovering the compensation you need to support the costs of your recovery, please contact our Seattle, Washington office today at (206) 903-1818 to arrange a complimentary review of your claim.