Forgetting to mention a symptom to your doctor can make you anxious and guilty, especially if you believe it led to a misdiagnosis. This concern is valid, but does the oversight absolve doctors of their responsibility?
In most cases, forgetting to disclose all important details during a consultation does not automatically invalidate a medical malpractice claim. Doctors, not you, are primarily responsible for making accurate diagnoses and giving the right treatment.
Doctors cannot solely rely on a patient’s statements
Medical professionals have a fundamental duty to provide competent medical care, which often includes:
- Conducting thorough examinations
- Asking relevant questions about symptoms and medical history
- Considering various possible diagnoses
- Ordering appropriate tests when necessary
- Providing proper treatment based on available information
A healthcare provider’s responsibility does not end with the information a patient volunteers. Doctor visits are typically stressful, and patients may not always provide complete information due to anxiety or a lack of medical knowledge.
As such, doctors should use their expertise to fill in any gaps. They need to actively investigate your condition and probe for additional details that could help with an accurate diagnosis.
The consequences of a misdiagnosis are often severe. Suppose you tell your doctor about persistent headaches but forget to mention occasional blurred vision. The doctor diagnoses tension headaches and prescribes pain relievers. Six months later, you suffer a stroke, which earlier treatment for hypertension could have prevented.
If a patient leaves out a key symptom, accurate diagnosis becomes harder. Still, a doctor may be liable for misdiagnosis if they fail to ask the right questions, consider other diagnoses or follow standard procedures.
You can still sue a doctor for misdiagnosis
In a medical malpractice case, the court examines if the medical professional breached their duty of care and if it caused the misdiagnosis. Even if you forget a symptom, you can still hold the doctor accountable for their negligence, especially if you sustain severe injuries from it.
In New Jersey, you have two years from discovering an injury caused by medical negligence to file a medical malpractice lawsuit. You might also need an affidavit from a qualified medical expert to back up your claim.
Your case deserves careful attention from a legal professional who can review the specifics, including the doctor’s actions and decisions. This way, you can improve your chances of achieving justice and fair compensation for your pain.
