Diagnostic Errors
A diagnostic error occurs when the clinical assessment process deviates from the lex artis ad hoc. Not every difficult or late diagnosis implies negligence: it must be shown that, with diligent action, the outcome would likely have been different.
Correct diagnosis requires adequate history taking, thorough physical examination, reasonable ordering of tests and correct interpretation of results, as well as appropriate follow-up. Some diseases have atypical presentations where error may be understandable even when acting according to lex artis.
For liability to exist, it is not enough that the diagnosis was late or incorrect: it must be proven that a competent doctor, under the same circumstances, would have reached the correct diagnosis earlier and that this would have allowed the damage suffered to be avoided or reduced.
Expert assessment is based on the medical records, symptom chronology, diagnostic decisions taken and the guidelines or protocols applicable at the time of the events.
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Frequently Asked Questions
No. Negligence exists only when the delay results from action contrary to the lex artis and that delay has relevance for the prognosis or treatment options. In some silent or atypical diseases, delayed diagnosis may be unavoidable even with proper practice.
Through an expert report comparing the conduct followed with that of a competent doctor in the same circumstances, assessing whether appropriate tests were requested, correctly interpreted and followed up.
Emergency and outpatient reports, test results, discharge summaries and any document reflecting the chronology of symptoms and medical visits. This documentation enables the expert to reconstruct the diagnostic process and assess whether it conformed to the lex artis.
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