An incorrect or missed diagnosis can have serious consequences when a condition is not treated or is treated too late. In such cases, a doctor can be held liable.
Types of Diagnosis Errors
- Missed diagnosis: The condition remains unnoticed.
- Incorrect diagnosis: The wrong condition is diagnosed.
- Delayed diagnosis: The diagnosis is made only after a long time.
When is a Doctor Liable?
A doctor can be held accountable if the diagnosis does not meet the expected standards:
- A competent doctor would have made the correct diagnosis in a timely manner.
- Obvious symptoms have been overlooked.
- Essential examination has been omitted.
- There has not been timely referral to a specialist.
Burden of Proof in Diagnosis Errors
| Element to be Proven | Responsible Party |
|---|---|
| The diagnosis was incorrect | Patient |
| There is negligence by the doctor | Patient |
| There is a direct link to the damage suffered | Patient |
Concept of Loss of Chance
In the case of a missed or delayed diagnosis, 'loss of chance' may play a role:
- Due to the delay, the chance of recovery has decreased.
- The compensation is calculated as a portion of the total damage.
- This portion corresponds to the percentage of the lost chance of cure.
Practical Examples
- Cancer overlooked despite clear signs.
- Heart problems mistaken for digestive complaints.
- Meningitis not noticed in a young child.
- A fracture missed on an X-ray.
Is a doctor required to always diagnose correctly?
No, a doctor is not required to always make the correct diagnosis. It concerns whether the doctor has acted in accordance with the standard of a reasonably competent colleague. A wrong diagnosis in hindsight does not automatically mean a medical error.How do I prove that a diagnosis should have been made earlier?
You need the expertise of an independent medical specialist who analyzes your file and assesses whether a competent doctor should have made the diagnosis earlier.What if multiple doctors missed the diagnosis?
Each involved doctor can be individually liable. In that case, they are jointly responsible for the resulting damage.Frequently Asked Questions about Diagnosis Errors
How can I determine if my doctor made a wrong diagnosis?
A diagnosis error does not simply mean a wrong conclusion. You must prove that the doctor did not act according to professional standards. An independent medical expert can review your file for missed signals or negligent examination.
What are the first steps if I suspect a diagnosis error?
First, gather all your medical documents, such as test results and communication with healthcare providers. Request a second opinion and consider filing a complaint with the healthcare provider. Legal advice from a personal injury lawyer can help with a potential claim.
What is the time limit for filing a claim in Utrecht?
In the Netherlands, there is a limitation period of five years from the moment you become aware of the damage and the responsible party. For minors, this period starts at age 18. However, quick action is recommended to preserve evidence.
Can I get compensation for a delayed diagnosis?
Yes, if the delay has caused additional damage, such as a reduced chance of recovery, you can claim compensation. This is called loss of chance and is calculated as a percentage of the total damage.
What if the cause of the damage is unclear?
You must demonstrate that the diagnosis error is directly related to your damage. A medical expert can establish this link. In cases of uncertainty, the court may award a portion of the damage based on probability.
Is a lawyer necessary for a claim?
Although not mandatory, a personal injury lawyer with experience in medical cases is strongly recommended. They can effectively assist you in Utrecht and surrounding areas.
Local Information:
- Court: Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Legal Aid: Juridisch Loket Utrecht, Catharijnesingel 55