When a Wrong Diagnosis Leads to Serious Harm
Getting a timely and accurate medical diagnosis can make the difference between recovery and serious, permanent injury, or worse. But what happens if a doctor gets it wrong? If you were harmed because of a misdiagnosis or delayed diagnosis in Kansas, you may have grounds to file a medical malpractice lawsuit. Not every diagnostic error qualifies as malpractice, but some do. And under Kansas law, patients who suffer preventable harm due to medical negligence have the right to seek compensation. Here’s what you need to know if you’re considering a claim against a doctor, hospital, or clinic in Kansas.
What Is Considered Misdiagnosis?
Misdiagnosis occurs when a healthcare provider fails to correctly identify a patient’s condition. This can happen in several ways:
- Diagnosing the wrong illness entirely (e.g., diagnosing indigestion instead of a heart attack)
- Failing to diagnose an existing illness (e.g., missing cancer during routine testing)
- Delaying a correct diagnosis until the condition has worsened
These errors can result from poor judgment, failure to order appropriate tests, misinterpretation of lab results, or even breakdowns in communication between providers. Not every misdiagnosis is considered malpractice. The key legal question is whether the doctor’s actions deviated from what a reasonably competent provider would have done under similar circumstances.
Can You File a Medical Malpractice Lawsuit for Misdiagnosis in Kansas?
Yes, you can file a malpractice claim if you can prove that the misdiagnosis caused actual harm and that it resulted from negligence. To win a misdiagnosis case in Kansas, you’ll need to prove the following:
- A provider-patient relationship existed. This establishes that the provider owed you a legal duty of care.
- The provider was negligent. You must show that the doctor failed to meet the standard of care expected of similarly trained professionals.
- The negligence caused harm. There must be a direct link between the misdiagnosis and the injury or worsening of your condition.
- You suffered measurable damages. This could include medical bills, lost wages, pain and suffering, or long-term disability.
Because these cases are often complex and involve expert testimony, working with a medical malpractice attorney is crucial.
Examples of Misdiagnosis That May Lead to a Lawsuit
Some types of misdiagnosis are more likely to form the basis of a successful malpractice claim, especially if the delay or mistake caused significant harm. These include:
- Failing to diagnose cancer, leading to delayed treatment and cancer progression
- Misdiagnosing stroke symptoms as a migraine, resulting in permanent brain damage
- Confusing a serious infection with a minor illness, delaying life-saving antibiotics
- Misdiagnosing a heart attack in a woman or younger patient, leading to cardiac arrest
In each of these cases, the outcome could have been significantly different if the provider had followed appropriate diagnostic protocols.
How Long Do You Have to File a Misdiagnosis Lawsuit in Kansas?
Kansas law imposes strict deadlines for filing medical malpractice claims. In most cases, you must file within two years of the date the injury occurred or when it should have been reasonably discovered. However, Kansas also has a statute of repose that limits malpractice claims to no more than four years from the date of the alleged negligence, regardless of when you discovered the issue. This rule can cut off your rights if you wait too long, even if the harm wasn’t immediately obvious. Because these deadlines can vary depending on your case, it’s important to speak with a medical malpractice attorney as soon as possible to preserve your right to sue.
Are There Limits on Damages in Kansas Medical Malpractice Cases?
Yes. Kansas has a cap on non-economic damages (such as pain and suffering or emotional distress) in medical malpractice cases. As of recent law, the cap is:
- $250,000 – injuries 7/1/1988 to 6/30/2014
- $300,000 – injuries 7/1/2014 to 6/30/2018
- $325,000 – injuries 7/1/2018 to 6/30/2022
- $350,000 – injuries on or after 7/1/2022 (still current)
There is no cap on economic damages like medical expenses, lost wages, or future care costs. This means that while pain and suffering compensation is limited, you can still recover significant compensation if your financial losses are high.
Call Riedmiller, Andersen & Scott and Speak to a Lawyer if You've Been Misdiagnosed
Misdiagnosis cases are among the most challenging types of medical malpractice claims. You’ll need expert medical opinions, in-depth case investigation, and strong legal representation to prove the doctor acted negligently and that the mistake caused real harm. Our medical malpractice attorneys understand how to build a compelling case and hold healthcare providers accountable when they fail their patients. If you believe your condition was worsened or left untreated because of a diagnostic error, we’re here to help you explore your legal options.
You trusted your doctor to make the right call. If that trust was broken and you suffered as a result, you may be entitled to justice and compensation. Contact us today to schedule a free consultation. Let Riedmiller, Andersen & Scott help you get the answers and the accountability you deserve.
