Misdiagnosis vs. Medical Negligence: What’s the Difference?
When medical treatment doesn’t go as planned, patients often feel confused, frustrated, and unsure about whether what happened constitutes malpractice. Two terms that frequently come up in these situations are misdiagnosis and medical negligence. While they may seem similar, they are not interchangeable, and understanding the difference is key to determining if you have a valid legal claim.
At Oran Partners, Turkey’s leading medical malpractice law firm, we regularly assist clients—both local and international—who have experienced harm due to misdiagnosis or other forms of negligence. In this article, we’ll break down what each term means, how they are treated under Turkish law, and what steps to take if you suspect you’ve been a victim.
What Is Misdiagnosis?
Misdiagnosis occurs when a healthcare professional incorrectly identifies a patient’s condition. This could mean diagnosing the wrong illness or failing to diagnose an existing condition altogether. Some common examples include:
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Diagnosing a patient with acid reflux when they are having a heart attack
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Failing to detect cancer in its early stages
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Mistaking one type of infection for another and prescribing the wrong treatment
Misdiagnosis May Not Always Be Negligence
It’s important to understand that not all misdiagnoses are considered medical negligence. Medicine is complex, and even the most skilled doctors can make mistakes. A misdiagnosis becomes legally significant only if it results from a failure to meet the accepted standard of care—in other words, if the error was preventable and caused harm.
What Is Medical Negligence?
Medical negligence refers to a broader category of substandard care where a healthcare provider fails to act with the competence and attention expected of a professional in similar circumstances. Negligence can occur in:
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Diagnosis (including misdiagnosis)
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Treatment (surgical errors, medication mistakes)
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Post-operative care
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Informed consent
To prove negligence under Turkish law, four key elements must be established:
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Duty of care – The medical provider had an obligation to treat the patient responsibly.
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Breach of duty – The provider failed to meet the standard of care.
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Causation – The breach directly caused harm to the patient.
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Damages – The patient suffered physical, emotional, or financial harm as a result.
So while misdiagnosis can be one form of medical negligence, not every case of misdiagnosis qualifies unless all these conditions are met.
How to Determine If You Have a Case
If you suspect that a misdiagnosis led to serious harm, ask yourself the following questions:
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Was the diagnosis clearly wrong or unreasonable? Did another qualified doctor later diagnose a completely different condition?
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Did the misdiagnosis delay essential treatment? For example, did cancer go undetected for too long, allowing it to spread?
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Did the misdiagnosis lead to the wrong treatment or medication? Were you given unnecessary surgery or medication that made your condition worse?
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Did the mistake cause physical or emotional harm? Can you prove pain, suffering, or loss of income directly tied to the error?
If the answer to these questions is yes, you may have a valid claim for medical malpractice.
Examples of Misdiagnosis Leading to Negligence
Here are some real-life examples where a misdiagnosis became a clear case of negligence:
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A patient with early-stage breast cancer is misdiagnosed with a benign lump. The delay in diagnosis results in the cancer spreading and becoming untreatable.
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A child with meningitis is sent home with flu medication, and the delay in proper treatment leads to permanent neurological damage.
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A foreign patient is misdiagnosed during a cosmetic procedure consultation and receives the wrong surgery, leading to deformity and emotional trauma.
In each case, a timely and accurate diagnosis could have prevented the damage.
Challenges for International Patients in Turkey
International patients may face added challenges when it comes to proving misdiagnosis or negligence in Turkey:
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Language barriers can lead to misunderstandings and incorrect reporting of symptoms.
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Incomplete medical histories make diagnosis more difficult.
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Unfamiliarity with Turkish law makes it hard to know if a legal claim is possible.
At Oran Partners, we specialize in helping international clients overcome these obstacles. We provide multilingual legal support, access to medical experts, and a proven track record in malpractice law.
How Oran Partners Can Help
As Turkey’s only law firm exclusively dedicated to medical malpractice, Oran Partners is uniquely positioned to handle misdiagnosis and negligence claims. We help clients:
✓ Collect and analyze medical records
✓ Consult with expert witnesses
✓ Determine the strength of your claim
✓ Represent you in negotiations or in court
Whether you’re a resident or a foreign national, our legal team will guide you every step of the way with clear communication and full transparency.
Take Action Today
If you believe you were harmed due to a misdiagnosis or any form of medical negligence in Turkey, don’t wait. Evidence fades, deadlines approach, and justice delayed is often justice denied.
Contact Oran Partners today for a free consultation. Let us help you determine if you have a case and fight for the compensation you deserve.
