Misdiagnosis or Delayed Diagnosis

How Misdiagnosis Happens

Why Doctors Make Diagnostic Errors

Misdiagnosis often happens because different illnesses can produce similar symptoms. Or a doctor may not conduct a thorough evaluation.

For example, signs of a stroke might be mistaken for less serious issues in an older patient. Cancer symptoms might be attributed to a minor infection.

These are not always simple cases. However, when a competent doctor would have investigated further, the failure to do so constitutes negligence.

Common Causes of Misdiagnosis

Common ways misdiagnosis or delayed diagnosis occurs include:

• Insufficient time - The doctor doesn’t spend enough time reviewing the patient’s symptoms and medical history
• Tests not ordered or misread - Required tests or imaging (like blood tests, MRIs, etc.) are not ordered, or results are misread
• No specialist referral - A specialist referral is not given when it would be standard to consult one
• Rare conditions - The condition is rare or atypical, and the doctor fails to recognize red-flag indicators that a more thorough investigation is needed

Each of these represents a potential breach of the standard of care. A competent doctor would take steps to rule out serious conditions.

The Harm Caused by Misdiagnosis

When a diagnosis is missed or wrong, the harm to the patient can be severe. Without the proper diagnosis, it’s nearly impossible to implement an effective treatment plan.

The illness or injury may worsen untreated. Or the patient might undergo incorrect treatments that carry side effects but don’t help the real issue.

Understanding when to hire an attorney can be crucial when medical complications arise from misdiagnosis.

Examples of Harm

Cancer misdiagnosed as benign: The cancer can spread unchecked. What was treatable at stage 1 becomes terminal at stage 4.

Disease you don’t have: A patient misdiagnosed with a disease they don’t have might receive needless medications or even surgery. These carry real risks and side effects.

Delayed treatment: In the best-case scenario, a misdiagnosis might “only” prolong recovery. In the worst cases, it causes permanent injury or death.

Georgia Law: Misdiagnosis Malpractice

When Misdiagnosis Becomes Malpractice

If you were harmed because of a misdiagnosis or a diagnosis that was unreasonably delayed, Georgia law allows you to seek compensation. This is done through a medical malpractice claim.

Under Georgia malpractice standards, a doctor is negligent if they fail to use reasonable care and skill. The standard is what other doctors in the same field would use under similar circumstances.

The Standard of Care in Misdiagnosis Cases

In a misdiagnosis case, this usually means showing that a competent physician would have identified the condition. Or they would have done more to investigate when the defendant doctor did not.

Perhaps the average doctor would have ordered a certain test. Or they would have recognized a key symptom.

Failing to do so violated the standard of care. This is the foundation of medical malpractice liability.

Three Elements of Medical Malpractice

To succeed in a malpractice case for misdiagnosis, the patient (plaintiff) must prove several things. Georgia courts have explained that there are three essential elements in any medical negligence claim.

1. Duty of Care

The doctor-patient relationship establishes this duty. Once you become a patient, the doctor owes you a duty to provide competent care.

2. Breach of Duty

The doctor failed to meet the appropriate standard of care. Their diagnostic error was a deviation from what a normally careful doctor would have done.

3. Causation (Proximate Cause)

The breach caused the patient’s injury. Because of that error you suffered harm—worsened health, additional treatment costs, permanent injury, or death.

What You Must Prove

In practical terms, you need to show several things:

• You were indeed a patient of the doctor
• The doctor’s diagnostic error was a deviation from proper care
• Because of that error you suffered harm

This harm might include worsened health, additional treatment costs, permanent disability, or wrongful death.

Not Every Mistake Is Malpractice

Importantly, misdiagnosis by itself is not automatically malpractice. The mistake must be one that a reasonably careful doctor would not have made.

Doctors are not expected to be perfect. Medicine involves uncertainty and judgment calls.

But they are expected to follow the accepted standards of their profession. When they fall below that standard and cause harm, that’s malpractice.

Proving Your Misdiagnosis Malpractice Case

The Burden of Proof

In Georgia, the burden is on the injured patient to prove the doctor was negligent. This must be done by a “preponderance of the evidence.”

That means you must show it is more likely than not (greater than 50% probability) that the misdiagnosis resulted from the doctor’s failure. The failure must be to meet the standard of care.

Why Expert Testimony Is Required

In a misdiagnosis case, this typically requires expert testimony. Your attorney will usually hire a medical expert to review the case.

This expert is often another physician in the same specialty. They review the records and explain what the treating doctor should have done differently.

Medical records serve as crucial evidence in proving the standard of care was breached. They document what the doctor knew, what tests were ordered, and what conclusions were reached.

Georgia’s Expert Affidavit Requirement

In fact, Georgia law requires that when you file a malpractice lawsuit, you include an expert affidavit. This is a sworn statement from a qualified medical expert.

The affidavit must outline at least one act of negligence by the defendant. It must explain how the doctor’s conduct fell below the standard of care.

This rule is designed to prevent frivolous lawsuits. It ensures that a medical professional has reviewed the case and identified a deviation from the standard of care.

Critical Deadlines: Statute of Limitations

Georgia’s Strict Time Limits

Like all states, Georgia sets a time limit for filing medical malpractice lawsuits. These deadlines are strictly enforced.

Missing them means losing your right to compensation forever. No exceptions, no extensions, no second chances.

The 2-Year Filing Deadline

In general, you must file a malpractice claim within two years. This is measured from the date the injury occurred or was discovered.

For a misdiagnosis case, the “injury” might be the worsening of the condition due to lack of treatment. This is often dated from when the correct diagnosis was finally made.

For example, if cancer was misdiagnosed in 2022 but not correctly identified until 2024, the clock might not start until 2024. But read on—there’s another deadline that might cut off your rights sooner.

The 5-Year Statute of Repose

However, Georgia also has a five-year statute of repose for medical malpractice. This is an absolute deadline.

No matter when you discover the malpractice, you cannot bring a claim more than five years after the negligent act itself. Even if you didn’t know about the error, even if you couldn’t have known.

Example of How This Works:

• Misdiagnosis occurs: January 1, 2020
• You discover the error: January 1, 2025
• Result: Too late to sue (more than 5 years from the negligent act)

This is harsh but it’s the law. The statute of repose is an absolute bar.

Limited Exceptions

An exception exists for cases involving a foreign object left in the body. These can be brought within one year of discovery even if beyond five years.

Special rules extend deadlines for minor children. But for most misdiagnosis claims, the five-year cutoff applies without exception.

The Bottom Line on Deadlines

In short, if a Georgia doctor misdiagnosed you, you have at most two years to sue from when you were harmed. And never more than five years from the date of the misdiagnosis.

It’s critical to speak with an attorney as soon as you suspect malpractice. Waiting risks missing these deadlines entirely.

Your Rights After Medical Malpractice

Don’t Face This Alone

Medical malpractice injuries—whether from a misdiagnosis, a surgical mistake, or a medication error—can leave victims feeling overwhelmed. You may be unsure of how to proceed.

It’s important to remember that you have rights. Georgia law provides remedies for those injured by negligent healthcare providers.

Time Is Critical

Taking action promptly is critical due to the strict time limits on these cases. As we’ve explained, you face both a 2-year statute of limitations and a 5-year statute of repose.

Every day that passes brings you closer to these deadlines. Evidence disappears. Witnesses’ memories fade. Medical records can be lost or destroyed.

We’re Here to Help

If you or a loved one have suffered because of a medical professional’s mistake, our Georgia medical malpractice lawyers at Bourne Law Firm are here to help.

We can:

• Evaluate your case - Review your medical records to determine if malpractice occurred
• Find expert witnesses - Connect with medical experts who can support your case
• Meet deadlines - Ensure all filings happen within Georgia’s strict time limits
• Prove negligence - Build a compelling case showing the doctor breached the standard of care
• Maximize compensation - Fight for full compensation for your injuries and losses

Don’t wait until it’s too late. Contact us today for a free consultation to understand your legal options and evaluate your case.