Medical Misdiagnosis and Legal Claims

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Mark Izydore received his BS in accounting from Duquesne University. While in school, he served as a staff accountant with Arthur Andersen & Co. for three years. Mark Izydore now serves as a co-manager with CJ Consultants, a Florida-based financial and health care advisory company that provides attorneys and physicians with a variety of litigation solutions.

Misdiagnosis is a form of medical malpractice that can result in litigation. It is one of the most prevalent malpractice claims in the United States. Misdiagnosis occurs when a physician misses crucial signs or symptoms during a patient's examination, fails to order a lab test when required, misses key results in a lab report, or fails to refer a patient to an appropriate specialist.

It's also possible for misdiagnosis to stem from factors that are outside the control of physicians. These include mislabeled test results and errors in laboratory tests. These events violate the “medical standard of care” which every physician and healthcare center is obliged to obey. They subject patients to the risk of receiving incorrect (or no) treatment, and consequently suffering worsening conditions or even death. According to Modern Healthcare, from 2013 to 2017, roughly one-third of medical malpractice claims were based on misdiagnosis and delayed diagnosis.