How can I address a doctor's incorrect diagnosis?
April 3, 2024 | 50,00 EUR | answered by Jenny Richter
Dear Medical Law Attorney,
I am reaching out to you as I was recently faced with a medical error and am unsure of how to proceed. My name is Greta Zollmann and I recently visited my primary care physician due to severe abdominal pain. After an examination, he diagnosed me with a gastrointestinal infection and prescribed me appropriate medication.
However, despite the treatment, my symptoms worsened and I decided to seek a second opinion from another doctor. This doctor determined that I am actually suffering from a gallbladder inflammation that requires urgent surgical treatment. Due to the delayed diagnosis, I am now fearful of potential complications and wondering how to address the incorrect diagnosis made by my primary care physician.
I feel that the incorrect diagnosis and its resulting impact on my health and trust in the medical system have affected me. Are there legal steps I can take against my primary care physician to enforce my right to a correct diagnosis and treatment? How can I pursue claims for damages and what evidence should I gather for this purpose?
I would greatly appreciate it if you could provide me with possible solutions to address the incorrect diagnosis made by my doctor and protect my health.
Sincerely,
Greta Zollmann
Dear Mrs. Zollmann,
Thank you for your inquiry and your trust in my expertise as a medical law attorney. I am sorry to hear that you have been facing health problems due to a medical error. It is important for you to inform yourself in this difficult situation and, if necessary, take legal steps to enforce your right to a correct diagnosis and treatment.
In your case, you presented complaints of severe abdominal pain to your general practitioner, who then diagnosed you with a gastrointestinal infection and prescribed appropriate medication. Unfortunately, despite the treatment, your situation worsened and a second opinion from another doctor revealed a completely different diagnosis of a gallbladder inflammation that needs urgent surgical treatment. It is understandable that you feel affected by the incorrect diagnosis and its resulting consequences.
In such cases, patients generally have the right to claim for damages. To take action against your general practitioner and enforce potential claims for damages, I recommend the following steps:
1. Gather all relevant documents: These include doctor's reports, diagnoses, treatment plans, medication prescriptions, hospital reports, bills, and any other documents related to your case.
2. Consult a specialist attorney in medical law: An experienced attorney can help you assess your claims and recommend legal steps.
3. Clarify the liability issue: It must be determined whether the medical error was due to negligence or gross negligence. It is also important to consider whether the doctor conducted all necessary examinations to make the correct diagnosis.
4. Set a deadline: Be aware of the statute of limitations for claims for damages in medical law and act promptly.
5. Aim for an extrajudicial settlement: Disputes in medical law can often be resolved outside of court. If this is not possible, you can proceed through the court system.
Please note that these are general information and not individual legal advice. Each case is unique and requires a thorough examination by an expert.
I hope this information is helpful to you and wish you all the best for your health and legal journey.
Sincerely,
Jenny Richter
Attorney specializing in medical law
