Can a misdiagnosis be removed?

Medical misdiagnosis

“My father was seen at home by an emergency physician for fatigue, choking and chest pain. He was told it was a flu-like process. He felt so bad that he himself, hours later, went to the emergency room of the nearest hospital, where he died of a heart attack as soon as he entered”.

The first step in initiating a medical claim is to have access to the entire medical record. This is the right of all patients and their families. This can be done by request to the Patient Care Services that exist in all healthcare centers. In case of unjustified refusal, there is a specific judicial procedure (preliminary trial proceedings, art. 256.1.5º bis Ley Enjuiciamiento Civil), which makes it possible to order a search of the center where the records are kept.

Hence the importance of never relying on fine words or on the evidence of the facts and to seek specialized advice that should be composed of both specialist lawyers and medical experts. Experience shows that no insurance company will indemnify a claim of this type until it has a formal judicial or administrative claim with solid grounds.

What happens if a doctor gives a wrong diagnosis?

Medical malpractice entitles the injured patient to compensation. To claim it, it will be necessary to count on the services of a civil or administrative lawyer, since they can deploy civil or patrimonial liability depending on the status of the personnel who produce the injury.

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What is misdiagnosis?

According to the National Academy of Medicine, misdiagnosis refers to the incorrect diagnosis of a disease or other medical condition.

What happens when a doctor makes a mistake?

Blanco Mercadé: “The physician who makes a mistake must accept his responsibility” “The physician who makes a mistake must know how to accept his responsibility and honestly inform the patient, apologizing to him, as well as being willing to assume compensation for the damage”. This is the opinion of Dr.


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What happens if a diagnosis is not made?

Medical professionals understand that some types of infections can kill a patient if not properly diagnosed and treated immediately. Failure to diagnose such an infection can cause serious and fatal injuries, in these cases a viable medical malpractice claim can be made.

How can a doctor be sued?

Before resorting to legal proceedings, the first step is to report medical malpractice to the National Commission for Medical Conciliation and Arbitration (Conamed), a decentralized body of the Ministry of Health, which is in charge of receiving complaints related to health professionals and acts as mediator to …

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What would happen if as a psychologist I issued a misdiagnosis to a patient?

If a diagnosis is wrongly provided by a psychologist to a patient, it can generate several emotional and affective problems, worsening their mental health and balance.

A physician can be denounced for misdiagnosis

Diagnostic errors inevitably occur in all medical specialties and are estimated at 10-15%. In the case of neurology, they may be due to too much attention being paid to neurological tests taken out of the clinical context or the tests being misinterpreted. The diagnosis of epilepsy is essentially clinical, i.e. it is based on the clinical history, although it relies on tests such as the EEG, which is the simplest and most specific diagnostic test to be able to classify seizures and epilepsy appropriately. In this context there is a tendency to overdiagnose, due to a clinical history with little information and the reading of an EEG as “pathological or abnormal”.

What is the diagnosis?

The process of identifying a disease, condition or injury by its signs and symptoms. A history of health or physical examination and tests, such as blood tests, imaging tests and biopsies, may be used to help make a diagnosis.

What would happen if a patient is diagnosed with the wrong anemia?

Misdiagnosing a disease and providing the wrong treatment can take valuable time away from the patient. Sometimes this means even less survival time and often prevents patients from getting the care they need.

What happens if a doctor lies?

Some member or members of the patient’s moral community must know the truth. If physicians frequently lie or withhold the truth from patients, they cannot be excused on the basis of clinical context or discrete clinical judgment.

Psychological misdiagnosis

In this sense, there are countless cases where the courts recognize this responsibility. This occurs when healthcare professionals deviate from the required medical standards (by action or omission).

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If a medical malpractice or negligence occurs, you have every right to claim. To do so, you should be aware that any medical documentation can be of great help to you in the event of a subsequent claim. For this reason, you should request a copy of any medical document that has been carried out in the follow-up of your case.

In the case of errors committed by the Social Security, the procedure to follow is a claim for liability before the competent health administration. This claim can be carried out by a center specialized in health law and medical expertise.