Gov. Polis has declared legal services as essential and so are your legal needs! Our law firm is still open for business and accepting new clients. While our physical office is closed to protect the health and safety of our employees and clients during the evolving COVID-19 Coronavirus situation, we are offering new and current clients the ability to meet with us via email, telephone or through videoconferencing. Please call or email our office to discuss your options. We realize there may be some delays, but we will do our best to return your message as quickly as possible.
Tomazin, Hillyard & Clor, LLP
한국어 문의 가능합니다
Se Habla Español

Call today for a free consultation

한국어 문의 가능합니다
Se Habla Español
Award-Winning Personal Injury Lawyers

Misdiagnosis behind most malpractice claims

| Mar 25, 2019 | Malpractice |

Colorado residents should know that two recent studies have linked the majority of malpractice claims with misdiagnosis. In a 2017 study involving 62,966 malpractice claims filed by hospital patients, University of Michigan researchers found that 22 percent involved misdiagnosis. Two years earlier, the National Academy of Medicine stated that diagnostic errors may be the third leading cause of death among hospitalized patients.

Two studies were conducted by two insurance carriers specializing in medical professional liability policies. Coverys found that 46 percent of the 1,800 closed claims that were made against its physicians from 2013 to 2017 involved misdiagnosis. Sixty-eight percent of paid indemnity costs were related with misdiagnosis. Out of those misdiagnosis-related cases, 45 percent of the patients died.

The second report was released by The Doctors Company and focused on 1,215 claims closed from 2008 to 2017. Thirty-eight percent of claims against physicians that involved a child patient arose because of misdiagnosis. The study shows that inadequate medical assessments are to blame for many cases of misdiagnosis.

Primary care providers, who conduct these assessments, are also responsible for selecting treatments and monitoring any high-risk medications their patients take. Thus, it is critical that they capture a complete family history and perform thorough physical exams. After inadequate assessments, the ordering of the wrong diagnostic test was the most common allegation in diagnosis-related claims.

If patients feel they have a case under medical malpractice law, they may want to request a case evaluation from an attorney. Misdiagnoses and delayed diagnoses are often the result of doctor negligence. To file a claim, though, it must be shown clearly that the doctor failed to live up to generally accepted medical practices. There must also be a preexisting doctor-patient relationship. If these criteria are met, the attorney may take on the case.

The National Trial Lawyers Top 100 Trial Lawyers
10 Best Client Satisfaction
Best Lawyers Best Law Firms U.S. News 2018
Tomazin, Hillyard & Clor, LLP Attorney Rating Badge. 5.0 out of 5 reviews.
Thomas J. Tomazin Super Lawyers Badge
Penelope L. Clor Super Lawyers Badge
Neil A. Hillyard Super Lawyers Badge


FindLaw Network