What legal steps can I take against an incorrect diagnosis?
January 19, 2023 | 50,00 EUR | answered by Jenny Richter
Dear Sir or Madam Attorney,
I am reaching out to you because I recently received a faulty diagnosis from my doctor and am now wondering what legal steps I can take against it.
The situation is as follows: Two weeks ago, I went to my primary care physician due to severe abdominal pain. After a brief examination, he diagnosed me with a stomach inflammation and prescribed me appropriate medication. Despite taking the medication, my symptoms did not improve, so I decided to seek a second opinion from another doctor. This doctor then determined that I actually have a gallbladder inflammation and need urgent surgery.
This faulty diagnosis not only led to an unnecessary delay in my treatment, but also caused additional physical and emotional distress. I am worried about my health and wonder what legal steps I can take against my initial doctor.
Could you please explain to me what options I have to address the faulty diagnosis? Are there legal grounds that support me in this situation? What should I do next to assert my right to adequate medical care?
I thank you in advance for your support and advice.
Sincerely,
Max Koch
Dear Mr. Koch,
Thank you for your inquiry and your trust. I am sorry to hear that you received a faulty diagnosis from your doctor and had to endure additional burdens as a result. It is important that you know your rights and understand what legal steps you can take in such a situation.
First and foremost, it should be noted that doctors are generally obligated to make a careful diagnosis and initiate appropriate treatments. However, if a doctor makes a mistake and as a result, damages occur to the patient, this may be considered as medical malpractice. In your case, the incorrect diagnosis of gastritis instead of cholecystitis could be considered as medical malpractice.
To take legal action against this medical error, you generally have several options. First, you should contact the Medical Association or a patient advisory service to report the case and receive an initial assessment. They can also assist you in filing a complaint against the doctor.
Furthermore, you can hire a medical law attorney to assert your legal rights. Such an attorney can help you pursue compensation claims against the doctor and potentially demand damages.
It is important that you collect and keep all relevant documents, such as medical reports, diagnoses, treatment plans, and invoices. These can serve as evidence to prove the medical error.
In any case, I advise you to act promptly and seek professional support to enforce your right to appropriate medical care. I am available to advise and support you further in this matter.
Sincerely,
Jenny Richter, Medical Law Attorney
