Medical Diagnosis Error: What You Need to Know

Confronted with a medical diagnostic error, it can be a profound upheaval. A misidentified pathology or one recognized too late can turn a simple delay in treatment into serious bodily harm. Behind these medical accidents, there is often a significant loss of chance: the chance to heal faster, to avoid lasting consequences, or even to avoid unnecessary surgery. If you find yourself in this situation, it is crucial to understand the remedies available and the conditions for obtaining compensation.

When an Incorrect Diagnosis Becomes a Medical Error

Not all imperfect diagnoses are considered faults. However, when a professional has not been attentive or conformed to the established scientific data, their responsibility may be engaged. For example, this is the case when a doctor disregards clear signs or fails to prescribe a crucial examination.

This oversight may then constitute a technical fault, which qualifies as a medical fault if it deviates from the expected practices. In such cases, the responsibility of the doctor—or the establishment—can be sought by the victim.

👉 To learn how to act in these situations, discover our guide on the procedure after a medical error.

Loss of Chance: A Recognized Harm

A medical diagnosis error is rarely neutral. It delays access to the proper treatment and can worsen the patient’s condition. The law recognizes this through the concept of loss of chance, meaning the lost probability of obtaining a better healing prognosis.

This type of harm is common in cases of cancers, undiagnosed strokes, or unnoticed fractures. It can also involve common pathologies misinterpreted, which worsen due to improper treatment.

Medical Expertise: A Key Element of the Case

Before any compensation, an independent medical expertise must be placed at the heart of the case. This will determine whether the practitioner made an error and under what conditions. The expert reviews the treatment timeline, described symptoms, decisions made, and compares them to the established scientific data.

Expertise is often ordered by a court or the conciliation and compensation commission. It is crucial for demonstrating the link between the error, the faulty care, and the bodily harm suffered.

👉 To prepare for this key step, consult our page on the medical file.

What Remedies Are Available in Case of a Medical Diagnosis Error?

There are several avenues available. If the error occurred in a public institution, it is possible to take action before the administrative tribunal. For private clinics or self-employed doctors, the judicial tribunal must be approached. These legal proceedings allow for the recognition of a medical fault and obtaining full compensation.

It is also possible to approach the conciliation and compensation commission (CCI), a faster and free solution, which allows the victim to be heard and benefit from independent medical expertise.

👉 Find all the details of this amicable process in our article dedicated to the CCI.

Obtaining Compensation: By Whom and How?

If fault is acknowledged, it is the insurer of the responsible party that will pay the compensation. If no fault is proven but the harm is severe and abnormal, ONIAM (National Office for Compensation of Medical Accidents) can step in.

Compensation covers all aspects of bodily harm: suffering, loss of income, medical expenses, and the impact on personal or professional life. To properly evaluate these damages, it is advised to seek assistance.

👉 Discover here how to obtain compensation after a medical accident.

Why Consult a Specialized Lawyer?

Claims related to a medical diagnosis error are technical and lie at the crossroads of law and medicine. Consulting a lawyer specializing in medical diagnostic errors is often decisive. They guide you through the process, help select the right experts, and represent you before the courts and insurers.

At Bedois Avocats, we work hand in hand with medical advisors to best defend the rights of patients.

👉 For a personalized analysis of your case, you can schedule a free online consultation or book an appointment at our Paris office.

Medical Error Case: What Next?

If you have experienced a diagnostic error, know that there are solutions to make your situation recognized. Many victims hesitate to act due to fear of the process or lack of knowledge about their rights. However, with appropriate support, it is possible to assert your rights and be acknowledged in your journey.