We want to believe that diagnosing a disease is straightforward and that physicians are infallible. Neither is true. Diagnosis is made through patient histories, symptoms and tests. Doctors start with a list of possibilities and then eliminate possible ailments until they are left with the most probable diagnosis.
Occasionally something in the process goes awry and a misdiagnosis results. How does misdiagnosis occur in modern medicine and what action is available to victims of it?
Washington Law Protects Both Patient and Physician
A misdiagnosis alone is not enough to file a malpractice suit. Even the most knowledgeable and attentive physician can misdiagnosis someone.
In other instances, however, negligence or malicious intent is the cause of misdiagnosis. In this case, Washington Law protects the victim of misdiagnosis, allowing the victim to file a malpractice suit against the physician or healthcare facility.
According to the Washington statute governing malpractice, RCW 7.70.030, one of these three things must be proved by substantial evidence for an act to be qualified as malpractice: Continue reading