If a doctor makes a medical error or wrong diagnosis out of negligence, you might have a medical malpractice claim or suit on your hands. But what if you’re unsure if a doctor even made a medical error or misdiagnosis?
How do you even know if a medical misdiagnosis is negligent enough for a medical malpractice claim?
When should you get a second opinion? These are questions that we are addressing in this blog.
Signs That You Need a Second Opinion
If the medical treatments you’re receiving aren’t working as they should, this is a red flag. It’s especially a red flag if you’ve had more than enough time for the treatments to work.
Another red flag that indicates you should get a second medical opinion is if your doctor dismisses your symptoms. A third red flag is if you receive a diagnosis for a rare condition.
This is because there is a high percentage chance that even the greatest of doctors will make a misdiagnosis of a rare condition.
What Constitutes a Misdiagnosis in a Medical Malpractice Claim?
Legally, a misdiagnosis is when a doctor fails to accurately diagnose a patient’s medical condition or its related complications in a timely manner when a reasonably competent and skilled professional in the same field would have been able to do so under similar circumstances.
Thus, the different ways that a medical diagnosis, or lack thereof, can legally constitute a misdiagnosis include the following:
- Incorrect diagnosis due to negligence
- Failing to diagnose in a timely manner, causing a critical loss of treatment time
- Failure to diagnose due to overlooking a condition altogether
- Failure to identify related complications despite accurately diagnosing the primary condition
The Issue of Accepted Standard of Care
The law recognizes that medicine is not an exact science. Therefore, a negative medical outcome doesn’t automatically make a medical malpractice claim valid. The key thing you need to prove to validate a medical malpractice claim is that the healthcare provider’s actions deviated from the accepted standard of care and were thus negligent.
The Role of a Second Opinion in Medical Malpractice Claims
A second opinion on a car accident injury or medical condition serves as critical evidence in a medical malpractice or personal injury claim or suit. For example, if a second doctor identifies a standard-of-care violation due to a conflicting medical diagnosis from your first doctor, that’s medical misdiagnosis evidence.
Documentation by a second opinion doctor can also act as critical evidence that the first doctor gave a negligent misdiagnosis. An example of such documentation is a revised diagnosis report from the second doctor detailing a new diagnosis and treatment plan.
Other examples of such documentation include documents showing a re-evaluation by the second doctor of X-rays, MRIs, or tissue samples that the first doctor misread. Doctor notes, along with a written letter and affidavit by the second doctor detailing the failures of the first doctor, are also great forms of medical misdiagnosis evidence.
Essentially, any comparative medical documentation from the first and second doctors can help prove that a standard of care was breached. By proving that a standard-of-care was breached, you’re also validating your medical malpractice claim.
How a Second Opinion Strengthens Your Personal Injury Case
When it comes to receiving a second opinion for a car accident injury, proving that an initial doctor who gave you a clear ER discharge was negligent to do so can only strengthen your personal injury case. Thus, make sure to receive documentation of any notes or re-evaluated medical imagery and tissue scans from your second opinion doctor.
Legal Implications of Declining a Recommended Second Opinion
According to Kentucky law, if there’s a breach of the standard of care by your doctor, it’s still your legal duty as the injured party to do everything you can to minimize any damage and losses.
In terms of medical malpractice, you should follow through with treatment from the doctor who gave you a proper second opinion. You should also follow up on any specialist referrals that the second opinion doctor gave you. Failure to mitigate your damages and losses can cause the court to reduce your compensation.
Consulting a Lawyer After Receiving a Conflicting Medical Diagnosis
McCoy & Hiestand, PLC specializes in both medical malpractice and personal injury. In doing so, we bridge the gap between medical findings and legal recovery for Louisville and Bardstown residents.
Therefore, if you need assistance bridging the gap between a possible medical malpractice claim and a car accident personal injury case in Kentucky, turn to us.
