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The Advice of a Law Firm specialized in Medical Malpractice

A case of negligence in the form of an error in establishing a diagnosis occurs when the doctor arrives at an erroneous conclusion about the disease the patient is suffering from. Click here.

Causes of this type of medical malpractice

There are several reasons why a doctor can misdiagnose a patient and is not always the fault of the doctor:

  • Lack of information: Although the patient has the obligation not to give the doctor complete or accurate information about his medical history. If the doctor is not aware of all the symptoms the patient suffers, then he may not be able to diagnose the patient’s illness accurately.
  • Multiple Doctors: When a patient is treated/consulted by several physicians there may be deficiencies in communication between them. When a physician only deals with part of the patient’s illness and does not communicate effectively with other physicians (especially in the case of multidisciplinary teams), then errors may occur in the diagnosis
  • Inertia in establishing the diagnosis: if the first doctor examining the patient does not perform a complete and correct examination, then the other doctors who will rely on his findings will fail in their turn. The most common case is when the first doctor is also the one who interprets the tomography (CT) images erroneously and the following doctors set up treatments and diagnostics based on the erroneous interpretation made by the first doctor.
  • Lack of analysis or misinterpretation of results: A diagnosis may also be mistaken due to the lack of diligence of the physician who does not have the relevant analyzes (according to the existing protocols) or misinterpret the result. An example I found in a case where the patient was treated with antibiotics (several more) without an analysis that identified his infection and behavior in different types of medicines.


  1. After your doctor consults and establishes the diagnosis, ask for a differential diagnosis. Differential diagnosis is a diagnostic phase in which the presumptive diagnosis is compared with the clinical and paraclinical pictures of other affections with similar symptomatology
  2. Make a list: not necessarily writing on the paper symptoms (although it would be advisable) but when you talk to your doctor, start describing your symptoms from top to bottom – that is, from head to toe. Do not forget to inform about the coordinates of the signs and the duration of the symptoms. As long as you do not provide accurate and complete information, you can not have the doctor’s claim to establish a correct diagnosis – the doctor is a professional and not a star in the star.

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  1. Medical history: When you meet a doctor for the first time, do not forget to make a small history of your medical problems – both diseases (allergies, surgical operations, etc.) as well as prescribed treatments.
  2. Medical analyzes: Many diagnostic errors occur because the physician fails to explain the results of the medical analyzes performed or misinterprets them. Please do not forget to request a copy of the results of the medical analysis (it is the patient’s right under Law 46/2003). Moreover, if you have any analyzes done in the past do not forget to give them to the doctor who will consult you so that they can form a correct picture of your health.
  3. Do not avoid google: Once the doctor establishes a diagnosis, you can inform yourself about the established disease using online resources. IMPORTANT: Google cannot replace a doctor visit. Do not diagnose and treat yourself using online resources. According to Marriett Legal attorney, it’s beneficiary to be informed when you are visiting the doctor.
  4. Get a second medical opinion: You have the right to be consulted by another physician to get a new medical opinion on your diagnosis. There is no mistrust in your doctor, and he has no reason to feel offended if you are asking for a second opinion.
  5. Repeat the analyzes: if you have the least doubt about the correctness of the analyzes, do not hesitate to repeat them.
  6. Communication: The most critical aspect of the physician-patient relationship is the full and honest communication between the two parts of the medical report. Provide complete information about yourself and ask for answers to any questions or concerns you have.

No one knows the body of the patient except himself and the more information you provide to the doctor, the more you get the chance to diagnose the disease you are suffering and prescribe your treatment effectively.

About the author

Shane Watson

Shane Watson

Shane is a cryptocurrency journalist and an ICO writing consultant at The Written Craft content service. He's an advocate of decentralized public control of finance, an off-grid enthusiast, and really fun at parties too.