You may have heard of misdiagnosis, but fewer patients are familiar with “overdiagnosis.” This is defined as occurring “when a true abnormality is discovered, but detection of that abnormality does not benefit the patient. It should be distinguished from misdiagnosis, in which the diagnosis is inaccurate, and it is not synonymous with overtreatment or overuse.”
Overdiagnosis is a form of medical malpractice. Consequences include failing to diagnose a more serious condition, prescribing unnecessary treatments or medications, delayed diagnosis of a different condition and more.
If you believe you’ve been overdiagnosed, the Law Offices of Tim Misny can help.
Medical malpractice claims
Healthcare providers are held to high standards of care—far more than the average person. However, all humans are fallible. When doctors, nurses, surgeons and other providers make mistakes, the consequences can be fatal.
Filing a medical malpractice claim is a type of personal injury lawsuit. To succeed, a plaintiff must first show that a doctor’s actions or inaction were the cause of their injuries. In an overdiagnosis case, that could be something like prescribing chemotherapy for a benign tumor. Because chemotherapy is a grueling process, an overdiagnosis could lead to significant, unnecessary suffering.
The plaintiff must also show that the doctor did not act in the same way a similarly trained doctor would in the same situation. For instance, if a doctor failed to investigate whether a tumor was benign or malignant, the plaintiff would need to show that other doctors would have acted otherwise. This is often done with the help of expert witnesses, starting with an affidavit of merit.
An affidavit of merit is filed with the complaint in malpractice lawsuits. It’s a sworn statement from a doctor who has reviewed the case. The doctor expert witness testifies that they have reviewed the case and believe the defendant’s actions rise to the level of malpractice.
If the case proceeds, expert witnesses may be called for deposition or to testify at trial. This allows the fact finders to determine what a doctor of similar training would have done in the same situation. If they find that the defendant’s actions were negligent, the plaintiff can recover compensation.
Overdiagnosis can happen to anyone—and it may delay much-needed treatment. If you have suffered as a result of overdiagnosis, call the Law Offices of Tim Misny today. We can help you explore your legal options and get the compensation you deserve.
Consult with Ohio medical malpractice lawyers today
Have you suffered from medical malpractice? If your healthcare providers caused you harm, I’ll Make Them Pay!® Call me today at (877) 944-4373 for a consultation. I’ll fight to get the compensation you deserve.