When it comes to patient injuries and adverse outcomes, a misdiagnosis of a medical condition is a common occurrence. A misdiagnosis can prevent a patient from receiving necessary care. Patients encounter specific problems related to receiving unnecessary medical care due to misdiagnosis. Frequently, unnecessary medical care causes side effects and injuries which can have long-term health consequences. 

An issue in patient care that is less known but just as potentially harmful is when physicians overdiagnose patients. A misdiagnosis is an incorrect diagnosis that may harm an individual. Whereas an overdiagnosis is technically correct but involves diagnosing a condition that does not pose a risk to the patient. 

Overdiagnosing Causes Undue Stress and Medical Care

The dangers of an overdiagnosis are distinct from those of a misdiagnosis but can be equally dangerous. Byproducts of an overdiagnosis include unnecessary mental hardships and medical procedures suffered by the patient. When an individual suffers through these difficult circumstances, contacting a West Virginia medical malpractice attorney helps when defending their rights becomes necessary. 

What Is the Cause of Overdiagnoses?

For adults, getting into the habit of seeing their primary care doctor regularly is a great step toward preserving their health and vitality. As part of these appointments, a physician may administer various tests or evaluations to determine whether any conditions require their attention. Certainly, it is better to be aware of a condition that requires medical treatment so you can seek critical care sooner rather than later. 

That is, unless a condition is diagnosed that does not require medical care. This is where a concern about overdiagnosis truly begins. There are many negative aspects associated with a patient receiving more treatment than is necessary. 

A physician must focus on the most pertinent issues at hand when caring for a patient. Overtreating a medical condition that is not a pressing need increases the risk of neglect by the medical provider. 

This could be a doctor treating a patient for a condition that is unlikely to cause symptoms for the patient. Or it may involve taking symptoms associated with a non-problematic aspect of the patient’s health and tying them to a condition the patient does not actually have. 

What Conditions Are Most Frequently Overdiagnosed?

The medical conditions that physicians most frequently overdiagnose are varied across the diagnostic landscape. Cancers, dementia, and chronic kidney disease are among the conditions that are commonly overdiagnosed among physicians. 

What Steps Should Be Taken After an Overdiagnosis?

An overdiagnosis victim should attend to their health, first and foremost. Seeking follow-up care and a second opinion can confirm the extent of the overdiagnosis and its impact on their health. 

A West Virginia medical malpractice attorney understands the distinction between a physician’s error and medical malpractice. When overdiagnosis amounts to negligence, a claim may be filed on behalf of the injured victim. Damages for the harm suffered as a result of the overdiagnosis may be sought. Having an attorney who knows the process, the mistakes to avoid, and the best way to address the specific issues in a case is a significant advantage. 

Filing a Medical Malpractice Lawsuit for an Overdiagnosis

Not every instance of an overdiagnosis or other mistake constitutes medical negligence. Rather, there are specific legal elements which must be present to sustain a medical malpractice claim based on an overdiagnosis:

• First, an injury victim must establish a relationship with the treating physician. As long as the physician has billed you for performing a service, this should be enough evidence to show that a patient-physician relationship exists. From the context of a medical malpractice case, this is otherwise known as a duty of care.
• Second, a breach of that duty of care must be proven for a medical malpractice case to be sustained. The question that an attorney must answer in the affirmative is: did the physician fail to act in the same way as a similarly situated medical professional? Being able to show that the physician in question provided care that did not meet the standard of care is the key to answering this question. 
• Next, an injury victim must provide sufficient evidence to prove that an injury or harm was suffered. Harm can mean issues ranging from physical injury to medical bills as well as emotional and other losses connected to the overdiagnosis. 
• Lastly, to establish liability, it must also be shown that the patient incurred damages. Medical expenses, lost wages, surgery costs, and physical therapy bills are areas where an individual may seek damages. Damages are typically broken down into two types: economic and non-economic. 

How Soon Must an Overdiagnosis Case Be Acted Upon?

In West Virginia, there is a two-year statute of limitations on medical malpractice claims, including those related to an overdiagnosis. That two-year statute of limitations begins to run on the date the injury was discovered. 

The longer it takes to file and proceed with a medical malpractice claim, the greater the likelihood that evidence will be lost or other issues will arise that could negatively impact the case. The sooner an injury victim can act after an injury is discovered, the better the case tends to proceed. 

Contact Crim Law, PLLC For a Free Case Review

Suffering an injury as a result of an overdiagnosis is an unfortunate position to be in. Not only does an injury victim have their immediate and long-term health as a main concern, but there are also the realities of medical bills, lost wages, and the possibility of ongoing medical care to consider, as well. Being able to successfully address these issues and hold the responsible party accountable is critical to the injured party’s recovery from a medical malpractice incident. 

Contact Crim Law, PLLC today for a free case review. Our team of West Virginia medical malpractice attorneys takes seriously the responsibility to serve injury victims.