Diagnostic Error Study Shows Getting A Second Opinion is Worth the Effort

Misdiagnosis and Delay in Diagnosis of Cancer and Other Diseases Is Common — Especially in Younger and Female Patients

A recent study reveals that among patients who sought a second opinion at the prestigious Mayo Clinic, more than 20% had been misdiagnosed by a primary care provider.

As reported in the Washington Post:

"The researchers looked retrospectively at 286 patients who had seen primary-care physicians, physician assistants and nurse practitioners in 2009 and 2010. Nearly two-thirds were younger than 64, and most were female.”

The Post article further clarifies:

"In 62 cases (21 percent), the second diagnosis was “distinctly different” from the first, the researchers reported. In 36 cases (12 percent), the diagnoses were the same. In the remaining 188 cases, the diagnoses were at least partly correct but were “better defined/refined” by the second opinion, according to the study.”

The prevalence of misdiagnosis is covered also in this NBC television segment (below)...

When Is Misdiagnosis or Delay in Diagnosis Considered Medical Malpractice?

Cases of misdiagnosis or delays in diagnosis are often the basis of successful medical malpractice lawsuits when a physician or other healthcare provider does not take patient complaints seriously, does not order or follow up on diagnostic tests, or when other problems enter into a patient's care such as lab errors, communication errors, electronic medical records issues, or other hospital system errors.

This is especially harmful in cancer and other diseases where an early diagnosis can make a big difference in the patient’s prognosis — often whether they live or die.

For example, three of the most recent medical malpractice settlements posted to the Lubin & Meyer website are all related to the delay in diagnosis of cancer.

• $6.8M Judgment for Kidney Cancer Diagnosis Delay - Wrongful death lawsuit against doctor affiliated with Lowell General Hospital
• $1.5M Settlement for Delay in Diagnosis of Lung Cancer - Failure to address cough and order chest x-ray leads to delay in lung cancer diagnosis
• $2.5M Settlement for Failure to Diagnose Appendiceal Cancer - Lawsuit claims pathologist who evaluated appendix after removal was negligent in failing to identify the cancer and note it in her report

Do You Have Questions About a Diagnostic Error?

If you believe that you or a loved one may have suffered undue injury due to a delay in diagnosis of a medical condition or disease, you should consult with a medical malpractice attorney in your state that regularly deals with such cases and can bring your case to trial if needed, or negotiate the best settlement.

Lubin & Meyer medical malpractice attorneys represent patients in Massachusetts, New Hampshire and Rhode Island. Please learn more about our firm at lubinandmeyer.com. Or, use the button below to connect with us now.

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Diagnostic Errors and How To Avoid Them — A Critical Checklist for Patients

We have reported repeatedly on studies related to medical errors and infections that happen in hospitals. However, diagnostic errors (which often happen outside of the hospital in a doctor's office) have escaped the kind of tracking that other medical harms receive. Research from Johns Hopkins School of Medicine, shows that "diagnostic errors — not surgical mistakes or medication overdoses — accounted for the largest fraction of claims, the most severe patient harm, and the highest total of penalty payouts." According to a press release announcing the study, "diagnostic errors could easily be the biggest patient safety and medical malpractice problem in the United States."

What is a diagnostic error?

A diagnostic error can be defined as a diagnosis that is missed, wrong or delayed, as detected by a subsequent definitive test or finding. The ensuing harm results from the delay or failure to treat a condition present when the working diagnosis was wrong or unknown, or from treatment provided for a condition not actually present.

“Overall, diagnostic errors have been under appreciated and under-recognized because they’re difficult to measure and keep track of owing to the frequent gap between the time the error occurs and when it’s detected,” said the study leader David Newman-Toker. “These are frequent problems that have played second fiddle to medical and surgical errors, which are evident more immediately.”

How can patients help to ensure they receive the right diagnosis?

The National Patient Safety Foundation has created a Checklist for Getting the Right Diagnosis with some tips for patients.

This 8-point checklist can be printed and taken with you when you meet with your doctor.

View our main website at LubinandMeyer.com
Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law. Attorneys practicing in MA, NH and RI.